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UNIVERSITY  OF  CALIFORNIA 
AT   LOS  ANGELES 


Gift   of 
Mrs.    -^eonora  B,    Lucas 


GOVERNMENT  IN 
STATE  AND  NATION 


GOVERNMENT  IN 
STATE  AND  NATION 


BY 

J.  A.  JAMES,  Ph.D. 

PROFESSOR    OF   HISTORY    IN    NORTHWESTERN    UNIVERSITY 


A.   H.   SANFORD,  M.A. 

PKOFESaOB  OF  HISTORY   AND   GOVERNMENT,    STATE   NORMAL  SCHOOL 
LA   CROSSE,    WISCONSIN 


REVISED  EDITION 


t       I 


NEW    YORK 

CHARLES    SCRIBNER'S    SONS 

1911 


Copyright,  1901,  1911,  bt 
CHARLES    SCRIBNER'S    SONS 


•     •• 


\ 


ii  1 


PREFACE 

V  The  subject-matter  herewith  presented  partially  rep- 
^  resents  the  plan  pursued  by  the  authors  as  teachers  of  civil 
%<^  government  for  a  number  of  years  in  secondary  schools. 
A  study  of  the  actual  methods  by  which  the  affairs  of  gov- 
ernment are  conducted  gives  constant  interest  to  the  work, 
and  consequently  the  practical  side  has  been  emphasized. 
Many  problems  besides  those  presented  in  the  supplement- 
ary questions  may  be  worked  out  from  the  official  re- 
ports. 

%/»  Scarcely  a  month  passes  without  the  appearance  in  the 
^  more  noted  magazines  of  articles  on  phases  of  govern- 
mental activity  which  have  permanent  value.  No  attempt 
has  been  made  to  give  references  to  all  of  this  material  which 
has  appeared  during  the  past  ten  years.  The  ability  of 
the  reader  has  been  kept  constantly  in  mind  and  the  inten- 
tion has  been  to  refer  only  to  such  articles  as  would  be  of 
value  to  students  in  high  schools,  academies,  and  normal 
schools. 

We  are  under  especial  obligation  to  teachers  who  have 
used  the  first  edition  of  the  book  for  their  helpful  sugges- 
tions on  desirable  modifications. 


5G554 


CONTENTS 


PAGE 
V 


Preface, 

Some  Suggestions  to  Teachers, xi 

Introductory  Chapter, x>" 

PART  I 
LOCAL  GOVERNMENT 


PAGE 


CHAPTER 

I. — Town  and  County  Government, 1 

II. — State  Governments, 9 

III. — State  Governments  (Continued),        18 

IV. — City  Government, 26 

v.— Elections  and  Party  Government, 43 

VI. — Public  Finances,       54 

VII. — Judicial  Trials,        62 

VIII.— Charitable  and  Penal  Institutions,    ....  70 

IX. — Educational  Systems,       78 

X.— The  Exercise  of  the  Police  Power,   ....  85 

XL — Labor  Legislation,       93 

vii 


vifi  CONTENTS 

PART  II 

THE  NATIONAL  GOVERNMENT 

CHAPTER  PAGE 

XII. — Steps  Leading  to  Union, 97 

XIII. — The  Constitutional  Convention, 106 

XIV. — Organization  op  the  Legislative  Department,  121 

XV. — Powers  and  Duties  of  the  Separate  Houses,    138 

I.  Impeachment, 138 

II.  The   Quorum,    Journal,   and   Freedom    of 

Speech, 140 

XVI. — Procedure  in  Congress, 145 

XVII. — National  Finances, 162 

XVIII. — The  Power  of  Congress  over  Commerce,  .    .174 

XIX. — Money  of  the  United  States,        181 

I.  Metal  Money  or  Coin, 181 

II.  Paper  Money, 184 

XX. — Other  General  Powers  op  Congress,   .    .     .191 

I.  Power  of  Naturalization, 191 

II.  The  Postal  System  of  the  United  States,  .     .  193 

III.  Copyrights  and  Patents, 196 

IV.  Piracies  and  Felonies, 199 

V.  Military  Powers  of  Congress, 199 

VI.  Location  of  the  Capital 203 

VII.  Implied  Powers, 204 


CONTENTS  ix 

OBAPTEK  PAGE 

XXI. — Powers  Denied  the  United  States  and  the 

Several  States, 208 

XXII. — The  Executive  Department, 213 

XXIII. — The  Election  of  a  President, 222 

XXIV. — Powers  and  Duties  of  the  President,    .     .  233 

XXV. — The  Cabinet  and  the  Executive  Depart- 
ments,    244 

XXVI.— The  Judicl\ry, 261 

XXVII. — Relations  between  the  States  and  between 

Federal  Government  and  the  States,  271 

XXVIII. — Territories  and  Public  Lands, 274 

XXIX. — Amendments  to  the  Constitution,  ....  288 

XXX. — The  Relations  of  States  and  Nation,    .    .  296 

XXXI. — Some  Features  of  International  Law  and 

Arbitration, 301 

APPENDICES 

PAGE 

A. — Constitution  of  the  United  States  of  A-merica,  308 

P>. — Articles  of  Confederation, 324 

C. — Reference  Books, 333 

INDEX, „    .    .    , 337 


SOME  SUGGESTIONS  TO  TEACHEES 

We  trust  the  following  observations  may  be  of  value  to 
teachers  in  the  use  of  this  book,  and  at  the  same  time  an- 
swer certain  questions  which  we  are  assured  will  arise. 

1.  There  are  but  few  questions  given  on  the  subject- 
matter  of  the  text,  for  each  teacher  will  doubtless  prefer  to 
present  the  topics  in  his  ovm  way.  While  some  of  the  dis- 
cussions and  many  of  the  suggestive  questions  are  intended 
to  make  students  realize  more  completely  their  duties  as 
citizens,  many  more  having  a  local  bearing  w^ill  occur  to 
teachers.  "Topical  outlines"  are  omitted,  for  by  the  aid 
of  the  marginal  topics  students  will  be  able  to  make  out- 
lines for  themselves  which  will  be  of  vastly  greater  mter- 
est  and  value. 

2.  All  teachers  may  not  care  to  use  the  parts  of  the  book 
in  the  same  order,  and  the  arrangement  is  such  that  either 
Local  (Part  I)  or  National  Government  (Part  II)  may  be 
studied  first.  In  the  work  on  local  government,  it  is  not 
expected  that  the  student  will  learn  all  of  the  different  prac- 
tices found  in  the  various  States,  but  that  he  will  compare 
them  with  those  of  his  own  State. 

3.  There  are  more  supplementary  questions  and  refer- 
ences, doubtless,  than  can  be  used  by  any  one  class,  but 
this  will  give  the  teacher  an  opportunity  for  selection.  A 
number  of  the  references  may  be  used  each  day  by  assign- 
ing special  problems  to  individual  students. 

4.  It  is  scarcely  to  be  hoped  that  all  the  books  and  mag- 
azines mentioned  will  be  found  in  any  high-school  library, 
but  the  need  for  supplementary   reading  is   being  met 

xi 


xii      SOME  SUGGESTIONS  TO  TEACHERS 

through  the  rapid  increase  of  public  libraries.  Great  care 
has  been  taken  in  selecting  the  books  which  are  given  in 
Appendix  C,  and  by  adding  a  few  of  these  each  year  a  work- 
ing library  on  the  subject  of  Civics  may  soon  be  secured. 
Many  of  the  reports  issued  by  the  government  may  be  read- 
ily obtained  by  applying  to  your  Congressman  or  to  the 
government  officials. 

5.  Some  teachers  may  have  difficulty  in  securing  the  pe- 
riodical literature.  In  nearly  every  village  there  are  per- 
sons who  have  subscribed  for  these  magazines  for  a  number 
of  years  and  would  be  willing  to  present  them  to  the  school 
library. 


INTRODUCTORY   CHAPTER 

NEED   OF  GOVERNMENT 

The  control  of  our  actions  by  some  kind  of  government 
precedes  our  earliest  recollections;  this  we  have  constantly 
experienced  in  the  family  and  in  school.  Wherever  men 
live  in  commmiities  they  are  imder  political  government; 
their  relations  with  one  another  must  be  regulated  by  well- 
understood  rules  in  order  that  they  may  live  and  conduct 
business  in  security.  By  means  of  political  government, 
also,  communities  find  it  convenient  to  increase  the  com- 
forts of  life,  as  in  the  building  of  good  roads  and  streets; 
they  furnish  themselves  with  the  means  of  education  and 
culture  through  schools  and  libraries.  For  such  purposes 
the  government  of  town,  village,  and  city  is  of  the  first  im- 
portance. But  business  and  political  relations  exist  among 
communities,  as  well  as  among  individuals.  Consequently, 
our  local  governments  must  be  supplemented  by  organiza- 
tions that  cover  larger  areas  and  include  many  communi- 
ties; therefore  the  county  and  State  governments  are 
formed.  For  the  same  reasons,  and  also  for  reasons  of 
which  we  learn  in  the  study  of  United  States  history,  a  gov- 
ernment for  the  United  States  became  a  necessity  at  the 
very  beginning  of  our  National  life. 

In  these  various  political  organizations  the  plan  of  gov- 
ernment is  the  same.  In  the  first  place,  there  is  always  the 
law-making  body,  prescribing  the  regulations  to  which  men 
must  subject  themselves  if  they  are  to  live  together  in  har- 
mony.    Again,  because  laws  do  not  enforce  themselves, 

xiii 


xiv  INTRODUCTORY  CHAPTER 

officers  are  selected  to  see  that  these  provisions  are  carried 
out.  Finally,  since  men  frequently  disagree  as  to  the 
meaning  of  laws,  and  because  there  are  always  those  who 
wilfully  violate  them  in  order  to  secure  some  personal  ad- 
vantage, courts  are  established  in  which  the  laws  are  in- 
terpreted and  offenders  are  judged.  We  have,  then,  the 
three  departments  of  government — legislative,  executive, 
and  judicial. 

The  system  of  local  government  to  which  you  are  ac- 
customed did  not  grow  up  spontaneously,  nor  was  it  es- 
tablished arbitrarily.  There  are  reasons  to  be  found  in 
history  and  in  the  nature  of  the  environment  which  explain 
many  of  its  details.  The  same  may  be  said  of  our  State 
and  National  systems.  In  consequence,  we  shall  find  it 
advantageous  to  trace  briefly  some  historical  origins  of 
government  in  our  country.  Again,  it  is  evident  that  no 
system  of  human  government  is  perfect.  In  every  com- 
munity the  defects  of  laws  and  their  non-enforcement  are 
familiar  topics  of  discussion,  while  the  failures  of  State  and 
National  governments  at  certain  points  are  no  less  con- 
spicuous. These  are  the  problems  to  which  our  attention 
will  be  directed  in  the  course  of  our  study. 

For  the  most  part,  however,  it  will  be  our  task  to  study 
government  as  it  now  exists  in  town  and  city.  State  and 
Nation.  AVe  shall  look  backward  into  history  only  when 
this  is  necessary  for  the  understanding  of  our  present  forms 
and  practices.  We  shall  look  forward  to  the  solution  of  a 
few  of  the  simpler  problems  that  now  confront  us.  A  study 
of  the  deeper  origins  and  of  the  more  profound  problems 
must  be  postponed  to  the  years  of  advanced  work  in  col- 
lege. 


PART  I 

LOCAL    GOVERNMENT 


CHAPTER  I 
TOWN  AND   COUNTY  GOVERNMENT 

When,  in  the  seventeenth  century.  Englishmen  made  The  origin 
settlements  along  the  Atlantic  coast,  some  form  of  local  govern-'*"^ 
government  became  an  immediate  necessity.  They 
adopted  consequently  the  political  usages  to  which  they 
had  been  accustomed  at  home,  selecting  those  offices  and 
forms  of  procedure  that  seemed  best  adapted  to  their  needs 
and  surroundings.  Because  natural  conditions  and  the 
ideas  of  the  settlers  varied  considerably  in  the  different  col- 
onies, we  find  several  varieties  of  local  government  grow- 
ing up.  But  since  these  local  governments  were  all  es- 
tablished by  Englishmen,  and,  moreover,  by  Englishmen 
of  very  similar  habits  and  social  grades,  we  find,  on  the 
whole,  great  similarity  in  their  fundamental  features. 

The  most  marked  differences  are  seen  in  a  comparison  New  Eng- 
of  local  governments  in  New  England  and  in  Virginia.  cStion^.'*' 
The  settlers  of  New  England  found  themselves  upon  a 
coast  indented  by  many  bays  and  harbors;  the  country 
was  hilly  and  the  soil  stony;  streams  were  abundant  but 
generally  small,  rapid,  and  unfit  for  navigation;  the  sea 
abounded  in  fish  and  the  forests  yielded  excellent  timber. 
These  physical  conditions  hindered  the  rapid  spread  of 
population  over  large  areas  and  offered  many  inducements 

1 


TOWN  AND  COUNTY  GOVERNMENT 


The  town 
type: 
meetings, 
officers, 
and  func- 
tions. 


Origin  of 
\'ir>;iiiia 
local  gov- 
ernment. 


for  the  gathering  of  the  inhabitants  into  towns.  More- 
over, this  tendency  was  in  accord  with  the  wishes  of  the 
Puritans.  They  desired,  above  everything,  to  foster  the 
religious  life  of  the  little  church  communities  into  which 
they  grouped  themselves.  They  believed  that  all  settlers 
should  take  an  active  part  in  worship  and  in  the  govern- 
ment of  the  church,  and  that  consequently  all  should  live 
within  a  short  distance  of  the  meeting-house. 

Under  these  circumstances  the  New  Englanders  put  into 
practice  those  features  of  the  ancient  English  township 
government  that  were  best  suited  for  governing  their  little 
towns.  Once  a  year,  or  of tener,  the  voters  assembled  in  town 
meeting  to  elect  officers  and  to  engage  in  general  discussion 
of  town  affairs.  Here  taxes  were  levied,  and  the  support  of 
the  poor,  the  maintenance  of  highways,  church,  and  school 
were  provided  for.  The  officers  of  the  town  were  the  se- 
lectmen, a  board  having  general  oversight  of  town  affairs, 
the  treasurer,  clerk,  constables,  school  committee,  assessors, 
fence-viewers,  and  frequently  many  others.  The  remark- 
able features  of  New  England  towTi  government  were  the 
freedom  with  which  all  matters  of  public  interest  were  dis- 
cussed in  the  town  meeting,  and  the  care  with  which  all 
affairs  of  government  were  guarded  by  officers  and  people 
alike.  Early  in  the  history  of  the  Massachusetts  Bay  Col- 
ony towns  were  grouped  into  counties,  and  justices  were 
appointed  who  held  court  in  the  towns  of  each  county. 
Scarcely  any  but  judicial  matters  were  intrusted  to  the 
county  government.  The  centre  of  political  life  in  New 
England  was  the  town,  hence  we  have  here  the  town  or 
township  type  of  local  government, 

A  very  different  type  of  local  government  was  developed 
in  Virginia.  If  we  contrast  the  physical  geography  of  this 
section  with  that  of  New  England  we  see  how  every  in- 
ducement favored  the  scattering  of  population  and  the  de- 
velopment of  great  plantations.     The  influence  of  tobacco 


TOWN  AND  COUNTY  GOVERNMENT       3 

cultivation  and  of  slavery  was  in  the  same  direction.  Since 
the  desire  for  individual  gain  prompted  most  of  the  settlers, 
there  were  no  strong  ties  tending  to  bind  the  people  into 
compact  communities.  There  were  scarcely  any  towns  in 
Virginia.  Consequently  the  settlers  were  driven  to  select 
those  features  of  English  local  government  that  were  best 
adapted  to  their  sparse  settlements. 

The  local  organization  corresponding  to  the  town  of  The  vestry. 
New  England  was  the  parish.     The  vestry,  a  group  of 
officers  originally  elected  by  the  members  of  a  church,  was 
given  control  of  matters  relating  to  the  church  and  the 
poor.     Other  functions  of  local  government  were  placed  The  county 
in  the  hands  of  the  county  court,  a  body  composed  of  jus- 
tices originally  appointed  by  the  governor  of  the  colony. 
The  county  court  administered  justice,  but  it  also  had  im- 
portant legislative  functions,  for  it  levied  taxes  for  county 
purposes,  maintained  highways,  and  exercised  general  con- 
trol over  such  affairs  of  local  government  as  were  not  in 
charge  of  the  vestry.     Its  authority  extended  over  the 
county,  which  was  sometimes  divided  into  two  or  more  par- 
ishes.    The  other  important  county  officers  were  the  sheriff  The  county 
(who,  besides  being  a  court  official,  was  county  treasurer)     ^^^' 
and  the  lieutenant,  or  commander  of  the  militia.     The 
original  method  of  appointment  in  both  vestry  and  county 
court  was  changed  so  that  members  came  to  be  chosen  in 
each  case  by  the  body  itself. 

We  may  note  three  points  of  contrast  between  the  two  Contrasts 
systems  of  local  government  described  above.     (1)  The   the  two 

•  t  »  tVDGS. 

principal  functions  of  government  (taxation,  education, 
care  of  roads,  public  safety,  etc.)  were  exercised  in  New 
England  by  the  to\\ms,  and  in  Virginia  by  the  counties. 

(2)  In  Virginia  the  conduct  of  local  government  was  in 
the  hands  of  a  limited  body  of  prominent  men,  while  in 
New  England  the  mass  of  voters  participated  more  freely. 

(3)  In  New  England  the  deputies  sent  to  the  colonial  as- 


TOWN  AND  COUNTY  GOVERNMENT 


The  result 
of  these 
differences. 


The  town- 
ship-county 
type: 
location 
and  di- 
vision of 
powers. 


The  origin 
of  local 
govern- 
mpnt  in  the 
West. 


sembly  were  selected  from  the  towns,  while  the  members 
of  the  Virginia  assembly  (the  House  of  Burgesses)  were 
sent  from  the  counties. 

The  New  England  type  of  local  government  gave  the 
people  much  practical  political  education,  while  that  of 
Virginia  developed  a  class  of  intelligent,  public-spirited 
leaders.  These  facts  are  of  great  consequence  in  colonial 
history,  especially  in  that  period  when  resistance  to  the 
English  Government  made  Massachusetts  and  Virginia 
leaders  in  the  Revolution. 

The  middle  Atlantic  colonies  present  a  medium  in  cli- 
mate, soil,  and  physical  structure  between  the  extremes  of 
New  England  and  Virginia.  This  is  also  true  of  the  meth- 
ods of  settlement  and  the  occupations  of  the  people.  Sim- 
ilarly, the  type  of  local  government  developed  in  these  col- 
onies seems  to  be  a  compromise  between  the  two  types  that 
we  have  been  considering.  It  has  been  called  the  mixed  or 
township-county  system  of  local  government.  Like  New 
England,  the  middle  colonies  had  both  townships  and  coun- 
ties, but  there  was  a  much  more  equal  division  of  powers 
between  these  units.  At  the  same  time,  the  county  was 
not  so  important  as  in  Virginia.  In  New  York  the  town- 
ship was  more  prominent  than  the  county,  while  in  Penn- 
sylvania county  officers  performed  the  most  important 
functions. 

The  colonial  systems  above  described  have  been  much 
modified.  In  New  England  it  has  been  found  convenient 
to  enlarge  the  functions  of  the  county  and  to  diminish  those 
of  the  town.  In  Virginia  and  throughout  the  South  the 
township  has  become  an  increasingly  important  organiza- 
tion. Still,  in  each  of  these  sections  the  system  of  local 
government  now  in  use  bears  the  stamp  of  its  origin. 

In  the  Western  States,  the  character  of  local  government 
has  been  greatly  influenced  by  the  origin  of  the  settlers. 
The  general  trend  of  population,  as  it  moved  westward 


TOWN  AND  COUNTY  GOVERNMENT       5 

from  the  thirteen  original  States,  was  along  parallels  of 
latitude.  Consequently,  in  the  South  we  find  the  county 
type  prevailing.  Nowhere,  however,  does  the  pure  to^Ti 
type  exist,  for  the  Northern  States  all  have  the  mixed  sys- 
tem. These  States  may  be  divided  into  two  groups  ac- 
cording as  the  tovm.  or  the  county  is  given  more  extensive 
functions.  The  States  in  the  first  group  (Michigan,  Illi- 
nois, and  Wisconsin)  have  been  influenced  by  the  examples 
of  New  England  and  New  York.  In  these  States  there 
is  the  annual  to^Ti  meeting  of  voters,  where  officers  are 
elected  and  matters  of  town  government  are  discussed. 
We  have  here  the  form  of  a  pure  democracy.  A  town  The  super- 
board  has  general  charge  of  to^sTi  affairs.  This  group  of 
States  is  also  distinguished  by  the  nature  of  their  county 
boards,  which  are  composed  of  supervisors  elected  in  the 
various  towns,  villages,  and  wards.  This  supervisor  sys- 
tem of  county  government  originated  in  New  York,  in 
colonial  times. 

In  the  second  group  (Ohio,  Indiana,  Kansas,  Missouri,  The  com- 
Nebraska,  Colorado,  Oregon,  and  California)  the  county  form. 
is  of  more  importance  in  local  government.  There  is  no 
town  meeting.  A  town  supervisor  (or  board  of  super- 
visors or  trustees)  exercises  some  powers  that  would  be 
exercised  by  the  to^^Ti  meetings  in  other  States.  But  here 
the  county  board  exercises  more  of  such  functions;  it  has 
extensive  powers  over  the  poor,  health,  highways,  taxa- 
tion, etc.  Unlike  the  county  board  in  the  other  group  of 
States,  it  is  composed  of  members  elected  at  large*  or  from 
districts  of  the  county.  They  are  few  in  number  and  are 
called  commissioners. 

In  all  the  Northern  States  there  is  a  group  of  other  town 
officers  besides  the  supervisors — clerk,  treasurer,  assessor, 
constables,  and  various  minor  officers  and  boards.     The 

*  That  is,  each  voter  of  the  county  may  vote  for  the  entire  number  of 
commissioners  that  are  to  be  elected  at  any  election. 


6       TOWN  AND  COUNTY  GOVERNMENT 

county  is  the  basis  of  court  organization;  so  there  is  a 
judge,  a  sheriff,  and  a  clerk  of  the  court.  Frequently 
we  find  several  counties  grouped  into  a  district  or  circuit 
throughout  which  a  single  judge  holds  court  sessions. 

In  some  cases  taxes  are  collected  by  the  sheriff,  but  gen- 
erally there  is  a  county  treasurer.  Other  county  officers, 
most  of  whom  are  elected  by  the  voters,  are  the  superin- 
tendent of  schools,  the  register  of  deeds,  or  recorder,  the 
surveyor,  and  the  coroner. 

Villages.  As  population  becomes  dense  in  certain  localities,  vil- 

lages and  cities  are  organized.  Village  government  is 
sometimes  entirely  distinct  from  town  government;  some- 
times it  is  united  with  the  latter  for  general  purposes, 
though  sustaining  its  own  officers  for  special  purposes.  In 
either  case  the  governing  body  is  a  board  with  an  executive 
head,  generally  called  the  president.* 

Cities.  Cities  have  governments  similar  in  general  plan  to  those 

of  villages;  but  there  are  more  officers  and  their  functions 
are  more  extensive.  The  conditions  of  city  life  give  rise 
to  new  problems  of  government  to  which  we  shall  give  at- 
tention in  a  separate  chapter. 

Such,  in  bare  outline,  is  the  organization  of  local  gov- 
ernment in  the  States  to-day.  In  the  actual  processes  by 
which  local  government  is  carried  on,  towns,  villages,  and 
cities  (or  divisions  of  cities  called  wards)  are  regarded  as  di- 
visions of  the  county.  Counties  are  themselves  divisions 
of  the  State.  Now,  there  are  some  activities  of  government 
in  which  the  local  units  alone  are  concerned,  as  in  the  main- 
tenance of  roads,  streets,  and  bridges,  and  the  care  of  the 
poor.  But  in  many  important  matters  the  processes  merely 
begin  in  the  local  units  and  are  completed  by  the  action  of 
State  officials.     For  example,  taxation  and  election  proc- 

*  Various  terms  are  in  use.  In  Pennsylvania  there  is  the  borough  with 
a  burgess  at  its  head.  In  Virginia  the  corresponding  organization  is  the 
town,  with  a  mayor  as  executive  officer. 


TOWN  AND  COUNTY  GOVERNMENT       7 

esses  involve  both  local  and  State  governments.  The  same 
is  true,  in  many  cases,  of  the  administration  of  justice  and 
the  maintenance  of  school  systems.  Hence,  it  will  be  nec- 
essary to  take  a  general  view  of  State  government  before 
considering  how  these  operations  are  carried  on. 

Supplementary  Questions  and  References 

1.  The  history  of  local  government  in  the  colonies:  James 
and  Sanford,  American  History,  92-98;  Thwaites,  The  Colonies, 
55-58;  Fisher,  The  Colonial  Era,  60,  99,  167;  Channing,  The 
United  States  of  America,  37-38;  Wilson,  The  State,  449-458; 
Lodge,  A  Short  History  of  the  English  Colonies,  48-59,  58-59, 
414-417;  Hart,  Formation  of  the  Union,  11-13;  Bryce,  American 
Commonwealth,  589-593;  Bancroft,  History  of  the  United  States, 
I,  285-286,  449. 

2.  For  descriptions  of  local  systems  as  they  are  at  present,  see 
Bryce,  I,  chapters  48  and  49;  Wilson,  The  State,  524-538;  Beard, 
American  Government  and  Politics,   638-655. 

3.  Make  a  study  of  a  town:  (1)  With  a  map,  as  to  its  location, 
size  and  shape.*  Compare  with  other  towns  in  the  same  county. 
(2)  What  officers  has  the  town  ?  For  what  terms  are  they  elected  ? 
How  are  they  paid  ?  What  general  duties  does  each  have  ?  Is 
the  town  board  a  legislative  or  an  executive  body?  (3)  Is  there 
a  town  meeting  ?  If  so,  what  business  does  it  transact  ?  Did  you 
ever  attend  one? 

4.  Study  the  organization  of  a  village  government.  In  what 
respects  does  it  differ  from  the  town  government?     Why? 

5.  What  is  the  area  and  population  of  the  county  in  which  you 
live?  What  is  the  county  seat?  Have  you  visited  the  county 
buildings?     Who  has  charge  of  them? 

6.  How  many  townships  are  there  in  your  county?  Estimate 
the  total  number  of  local  officers.  How  many  counties  are  there 
in  your  State  ?  Are  they  generally  regular  or  irregular  in  shape  ? 
Compare  counties  of  other  States.     (See  Atlas.) 

*  In  the  West,  the  Congressional  township,  as  determined  by  the  United 
States  Land  Survey,  frequently  determines  the  boundaries  of  the  town. 
See.  pp.  280-282. 


8   TOWN  AND  COUNTY  GOVERNMENT 

7.  Make  a  list  of  your  county  officers,  the  length  of  term  and 
salary  of  each.     What  are  the  principal  duties  of  each  ? 

8.  Is  the  county  board  elected  on  the  commisssioner  plan  or 
the  supervisor  plan? 

9.  To  which  type  of  local  government  does  the  system  of  your 
State  most  nearly  conform  ?     Account  for  its  origin. 


CHAPTER  II 
STATE  GOVERNMENTS 

As  town  and  county  governments  in  the  thirteen  colo-  The  general 
nies  were  modelled  upon  ideas  and  practices  derived  from  colonial 
England,  so  the  central  government  of  each  colony  took  ments. 
form  upon  the  plan  of  England's  central  government.  And 
this  plan  may  be  seen  to-day  in  the  governments  of  our 
States  and  in  that  of  the  United  States:  all  have  the  division 
into  three  departments — legislative,  executive,  and  judicial 
— the  legislature  generally  being  composed  of  two  branches. 
There  were  many  variations  among  the  colonies  in  the  de- 
tails of  government,  but  at  the  time  of  the  Revolution  there 
was  one  important  point  of  Hkeness:  viz.,  each  had  an 
elective  representative  assembly.  Moreover,  it  had  be- 
come established  in  practice  that  the  assembly  should  leg- 
islate upon  matters  affecting  the  internal  welfare  of  the 
colony,  and  especially  that  it  should  exercise  the  vital  func- 
tion of  levying  taxes.  Thus  was  erected  in  each  colony 
the  form  of  a  free  government,  while  the  habit  of  self- 
government  became  established  through  the  neglect  of 
England  to  interfere  seriously  with  the  powers  exercised 
by  the  colonial  assemblies. 

We  may  further  analyze  colonial  governments  by  classi-  Classifica- 
fying  them  upon  the  basis  of  the  method  by  which  the  gov-  colonies, 
emor  obtained  his  office.  There  were  three  forms:  Re- 
publican, the  people  electing  the  governor  (Connecticut 
and  Rhode  Island);  Proprietary,  the  governor  appointed 
by  the  proprietor  (Maryland,  Pennsylvania,  and  Delaware) ; 
Royal,  the  king  appointing  the  governor  (the  eight  remain- 
ing colonies). 

9 


10  STATE   GOVERNMENTS 

How  State        The  Revolution  transformed  the  colonies  Into  States,  the 

consiuu- 

tioris  came  new  State  governments  being  formed  in  1776  and  the  next 

about.  °  ^  ^  ^ 

few  years.*  One  of  the  first  steps  in  this  process  was  the 
formation  of  written  constitutions.  It  was  natural  that 
these  should  be  framed  in  the  new  States,  because  the 
colonial  assemblies  and  officers  had  become  accustomed 
to  exercising  their  powers  under  the  superior  authority  of 
their  charters.  So  in  each  State  a  written  constitution 
seemed  necessary  as  a  fundamental  law,  outlining  the 
framework  of  State  government.  The  constitution  of  a 
State,  then,  is  its  supreme  law,  so  far  as  purely  State  au- 
thority Is  concerned.  All  laws  must  conform  to  Its  pro- 
visions ;  all  officers  take  oaths  to  support  it.  It  is  the  duty 
of  the  State  judiciary  to  see  that  official  acts  stand  in 
conformity  with  it. 

Oriain  of  The  States  admitted  into  the  Union  after  the  adoption  of  the 

siitutions.  Federal  Constitution  (1789)  used  that  instrument  as  a  model  to 
some  extent.  But  still  greater  was  the  influence  of  the  old  State 
constitutions  upon  the  settlers  from  the  East  who  were  so  rapidly 
building  the  new  commonwealths  of  the  West.  So,  while  the 
constitutions  of  all  the  present  States  show,  by  their  great  simi- 
larity, their  common  origin,  there  are  variations  that  may  be 
traced  backward  along  lines  of  westward  migration  to  their 
sources  in  the  original  States. 

Tonstitu-  State  constitutions  have  generally  been  made  in  State  conven- 

corrven-         tions  composed  of  delegates  chosen  for  that  purpose.     In  some 
lions.  States  new  constitutions  have  been  made  in  this  way  to  super- 

sede old  ones.  When  an  entirely  new  constitution  has  not  been 
considered  necessary,  amendments  have  been  adopted;  these  have 
been  framed  either  by  the  State  legislature  or  by  a  State  con- 
vention. In  most  cases,  whether  in  the  adoption  of  a  constitu- 
tion or  of  an  amendment,  a  vote  of  the  people  is  an  important 
step  in  the  process. f  So  it  may  be  said  that  State  constitutions 
proceed  from  the  people. 

*  James  and  Sanford,  American  History,  157,  158.  Connecticut  and 
Rhode  Island  continued  their  charters  in  force  as  constitutions. 

t  This  was  not  the  case  in  tlio  adoption  of  their  constitutions  by  the 
thirteen  orii,'inal  States  (except  Massachusetts);  nor  in  the  adoption  of 
new  constitutions  by  South  Carolina,  Mississippi,  and  Louisiana. 


STATE  GOVERNIVIENTS  11 

The  contents  of  State  constitutions  may  be  grouped  Analysis  of 
under  three  heads.  (1)  The  Bill  of  Rights,  which  is  pat-  constitu- 
temed  after  the  earliest  State  constitutions  and  the  first 
eight  amendments  to  the  Federal  Constitution.  By  these 
provisions  the  fundamental  civil  rights  of  citizens  are  se- 
cured, such  as  the  right  of  free  petition  and  assemblage, 
fair  trial  by  jur}%  exemption  from  unjust  searches  and 
seizures,  freedom  of  religious  worship,  and  freedom  of 
speech  and  of  the  press.  (2)  The  outline  of  the  frame  of 
government,  showing  the  organization  of  the  legislative, 
executive,  and  judicial  departments,  with  general  provi- 
sions as  to  their  powers  and  the  manner  in  which  they 
are  to  be  exercised.  (3)  Miscellaneous  provisions.  In 
recent  years  there  is  a  marked  tendency  to  increase  the 
number  of  subjects  treated  in  the  State  constitutions  and 
to  make  more  detailed  regulations.  Some  new  consti- 
tutions are  of  much  greater  length  than  the  old  ones, 
and  are  really  general  laws  rather  than  mere  frames  of 
government.  The  purpose  of  these  provisions  is  to  limit 
the  powers  of  the  State  legislatures. 

State  constitutions  confer  all  the  law-making  powers  Legislative 
upon  the  legislatures.  These  bodies  do  not  attempt  to 
exercise  all  such  powers,  but  delegate  local  authority  to 
other  legislative  bodies  in  school  districts,  villages,  towns, 
cities,  and  counties.  The  county  board  and  the  city 
council,  for  example,  are  legislative  bodies,  but  they  de- 
rive all  their  powers  from  general  or  special  laws  framed 
by  the  State  legislature. 

State  legislatures  are  invariablv  composed  of  two  houses  Organiza- 

^  "  .  tion  of 

— the  Senate  and  the  House  of  Representatives  or  Assem-   state 
bly.     The  first  of  these  houses  has  a  smaller  number  of  tu'res. 
members   than   the   second;  the    members    have    longer 
terms  than  in  the  lower  house,  and  the  qualifications  for 
membership  may  be  higher.     INIembers  of  the  legislature 
are  chosen  from  districts,  and  the  redistricting  of  a  State 


12 


STATE  GOVERNMENTS 


The  com- 
mittee 
system. 


How  laws 
are  en- 
acted. 


Restric- 
tions upon 
legislat- 
ures. 


is  made  necessary  at  stated  times  by  the  shifting  of  popu- 
lation. This  is  done  by  an  apportionment  act.  An  es- 
pecially unfair  apportionment  is  called  a  "gerrymander" 
(see  pp.  134-135). 

In  all  but  a  few  States  the  sessions  of  the  legislature  are 
biennial.  ISIethods  of  procedure  are  quite  similar  in  all 
legislatures.  A  proposed  law  is  called  a  bill.  When  a  bill 
is  introduced  in  either  house,  the  presiding  officer  (usually 
called  the  Speaker  in  the  lower  house,  and  the  President 
in  the  upper)  refers  it  to  a  committee.  Standing  com- 
mittees are  appointed  in  both  houses,  to  each  of  which 
bills  upon  a  certain  subject  are  referred.  This  arrange- 
ment facilitates  business  and  gives  opportunity  for  more 
full  consideration  of  the  bills. 

A  committee  has  almost  absolute  power  over  the  bills 
in  its  charge — to  amend  them,  to  substitute  new  bills  in 
their  places,  or  to  keep  them.  They  may  take  testimony 
and  hear  arguments  upon  the  bills.  When  they  report 
back  a  bill  to  the  house,  they  recommend  either  its  pas- 
sage or  its  defeat,  and  usually  the  house  follows  the  recom- 
mendation. Only  a  few  of  the  important  bills  are  fully 
debated  in  either  house.  After  passing  one  house  a  bill 
is  taken  to  the  other,  where  reference  to  a  committee  and 
other  procedure  follows  as  in  the  first  house.  A  bill  that 
passes  both  houses  goes  to  the  governor  for  his  signature, 
when  it  becomes  a  law.  He  may,  however,  veto  the  bill; 
then  it  must  pass  each  house  again  by  a  larger  majority 
(usually  two-thirds)  if  it  is  to  be  enacted  into  law. 

No  State  constitution  attempts  to  give  a  list  of  the 
powers  of  the  State  legislature,  but  there  is  always  a 
list  of  limitations  upon  its  authority  and  upon  the  privi- 
leges of  its  members.  These  restrictions  may  be  grouped 
under  several  heads.  (1)  They  may  limit  the  length  of 
sessions  and  the  method  of  paying  members.  (2)  Special, 
local,  and  private  legislation  are  prohibited  upon  certain 


influence  in 
govern- 


STATE   GOVERNMENTS  13 

subjects  (such  as  city  and  corporation  charters)  and  care- 
fully guarded  upon  others.  (3)  All  financial  legislation, 
such  as  taxation,  and  the  borrowing  and  appropriation  of 
money,  must  be  enacted  under  close  limitations. 

Besides   the   restrictions   upon   legislatures    mentioned  The  legis- 

lative 

above,  many  other  constitutional  provisions  and  laws  have  lobby. 
been  enacted  having  the  same  effect.  (1)  The  practice  of 
lobbying  has  been  placed  under  strict  control.  Persons 
who  attend  sessions  of  a  legislative  body  for  the  purpose 
of  using  influence  looking  toward  the  passage  or  defeat  of 
certain  bills  are  called  lobbyists.  IVTany  good  measures 
are  made  possible  in  this  way;  but  most  of  the  bad  meas- 
ures are  the  result  of  successful  lobbying. 

It  is  in  this  way  that  the  agents  of  corporations  and  "  special  Corporate 
interests"  have  at  times  worked  their  will  in  legislatures.  Es 
pecially  when  campaign  contributions  have  been  made  by  these  ii^ent 
business  interests  (see  pp.  51-52)  they  have  demanded  favorable 
legislation  as  a  reward.  Members  of  legislatures  have  been 
tempted  by  bribes  or  threatened  with  ruin.  So  privileges  have 
been  voted  that  were  worth  millions  of  dollars,  to  the  entire 
neglect  of  pubhc  welfare.  At  times  legislators  have  introduced 
bills  that  threatened  to  injure  the  business  of  a  corporation,  for 
the  purpose  of  securing  from  it  payment  for  defeating  these 
very  bills.  This  is  called  blackmail.  Corporate  influence  in 
government  is  a  power  "for  which  our  language  contains  no 
name.  We  know  what  aristocracy,  autocracy,  and  democracy 
are;  but  we  have  no  word  to  express  government  by  moneyed 
corporations." 

(2)  Other  laws  provide  the  severest  penalties  for  bri- 
bery and  blackmail  in  connection  with  the  passage  of  laws. 
(3)  In  some  States  the  giving  of  passes  by  railroads  has 
been  prohibited,  as  tending  to  influence  legislation. 

The  enactment  of  the  laws  mentioned  above  indicates  an   What  is 
increasing  lack  of  confidence  in  legislatures.     The  people   go^era^ 
cannot  entirely  shift  the  blame  for  this  condition  upon   ^^^ 
their  representatives,  since,  through  elections,  they  can 


14 


STATE  GOVERNMENTS 


Represent- 
ative gov- 
ernment. 


The  Ref- 
erendum. 


The  Initia- 
tive. 


Propor- 
tirinal  rep- 
resenta- 
tiuD. 


themselves  determine  the  character  of  their  law-makers. 
We  are  accustomed  to  speak  of  our  system  as  government 
"by  the  people";  but  it  is  only  in  town  and  school- 
district  meetings  that  all  the  voters  assemble  and  legislate 
directly;  and  even  these  meetings  do  not  exist  in  all  sec- 
tions of  the  country.  Generally,  therefore,  law-making 
is  a  function  of  representative  bodies,  which  are  the  vil- 
lage and  county  boards,  city  councils,  State  legislatures, 
and  the  National  Congress.  Hence  we  have  not  a  pure, 
but  a  representative  democracy,  or  a  republic.  This  will 
be  "government  by  the  people"  only  if  our  representa- 
tives reflect  accurately  the  opinions  of  a  majority  of  the 
people. 

One  way  of  testing  this  question  is  through  the  "Ref- 
erendum." This  consists  of  the  requirement  that  when  a 
certain  number  of  citizens  petition  for  it,  a  law  must  be 
submitted  to  the  people  for  ratification  or  rejection.  The 
idea  of  the  referendum  is  in  use  in  local  governments  when 
the  people  vote  upon  such  questions  as  the  issuing  of 
bonds,  the  licensing  of  saloons,  or  the  adoption  of  munici- 
pal ownership.  But  there  is  now  a  demand  for  its  use 
with  reference  to  any  law  passed  by  a  legislature,  upon  the 
plan  stated  above. 

Another  device  intended  to  make  legislatures  repre- 
sent the  people  more  accurately  is  the  "Initiative."  If 
a  certain  per  cent,  of  the  total  number  of  voters  petition 
for  a  law,  it  must  be  considered  by  the  legislature  ;  or,  it 
may  be  placed  before  the  people  for  acceptance  or  rejec- 
tion, without  the  intervention  of  the  legislature.  The 
adoption  of  the  initiative  and  referendum  brings  about 
"direct  legislation"  in  the  matters  to  which  they  refer. 

By  "Proportional  Representation"  is  meant  the  dis- 
tribution of  the  members  in  a  legislative  body  among  the 
political  parties  in  the  same  proportions  as  the  voters  are 
distributed.     Frequently,  one  party  has  a  number  of  repre- 


STATE  GOVERNMExNTS  15 

sentatives  that  is  entirely  out  of  proportion  to  its  voting 
strength.  This  is  because  we  elect  representatives  from 
districts.  If  the  voters  of  two  parties  are  quite  evenly 
distributed  throughout  a  State,  one  party  may  have  a 
majority  in  so  many  districts  that  the  voters  of  the  other 
party  will  not  be  adequately  represented.  Numerous 
devices  have  been  proposed  to  correct  this  matter,  but 
none  is  in  general  use. 

It  is  interesting  to  think  of  forty-eight  State  legislatures  The  wide 
at  work  simultaneously  upon  the  same  general  problems  state  laws, 
of  public  welfare.  Their  laws  touch  the  interests  of  the 
people  most  directly;  for  we  come  into  contact  with  the 
laws  of  the  National  government,  passed  by  Congress, 
in  comparatively  few  ways.  But  the  most  important 
business  and  social  relations  of  life — buying  and  selling, 
holding,  leasing,  and  inheriting  property;  the  domestic 
relations  of  husband  and  wife,  parent  and  child;  the 
regulations  necessary  to  make  the  people  secure  in  health 
and  comfort — all  these  fall  within  the  sphere  of  State  gov- 
ernment. "Space  would  fail  in  which  to  enumerate  the 
particular  items  of  this  vast  range  of  power.  To  detail  its 
parts  would  be  to  catalogue  all  social  and  business  rela- 
tionships, to  set  forth  all  the  foundations  of  law  and 
order." 

Now,  there  are  two  aspects  in  which  we  may  regard  this  Diversity 
mass  of  State  laws.  (1)  Each  State  may  fit  its  laws  to  formity  of 
peculiar  local  conditions.  This  is  one  of  the  admirable 
features  of  our  system  of  government.  (2)  But  too  much 
diversity  is  an  evil.  There  are  some  subjects  upon  which 
greater  uniformity  is  desirable,  especially  in  matters  of 
business  law.  This  is  because  an  increasing  number  of 
business  men  and  corporations  have  interests  in  more 
than  one  State.  Numerous  State  legislatures  have  enacted 
uniform  codes  covering  certain  branches  of  commercial 
law. 


16  STATE  GOVERNMENTS 


Supplementary  Questions  and  References 

1.  James  and  Sanford,  American  History.  Origin  of  the  As- 
sembly in  Virginia,  45;  in  Maryland,  47-48;  in  Plymouth,  53; 
in  Massachusetts,  56-58;  in  Connecticut,  61-62;  in  Carolinas, 
78;  in  Pennsylvania,  81.  General  discussion  of  colonial  govern- 
ments, 133-134;   136-138. 

2.  For  fuller  information  concerning  colonial  governments, 
see  Fisher,  Colonial  Era,  208-211;  Sloane,  French  War  and 
Revolution,  10-12;  Thwaites,  Colonies,  58-63,  192-193,  271- 
277;  Hart,  Formation  of  the  Union,  5-10,  13-17,  80-81;  Fiske, 
Critical  Period,  65-69;  Channing,  United  States  of  America, 
26-36,  84-85;   Wilson,  The  State,  458-469. 

3.  Did  colonial  governors  have  the  veto  power?  Hart,  9. 
What  was  the  governor's  power  over  sessions  of  the  colonial 
legislature  ?  Thwaites,  59.  What  were  the  relations  of  colonial 
legislatures  to  royal  governors?     Fisher,  209-210. 

4.  Were  any  State  constitutions  formed  before  July  4,  1776? 
Channing,  84—85.  How  long  did  Connecticut  and  Rhode  Island 
keep  their  charters  as  constitutions?  Why  was  this?  Chan- 
ning, 36. 

5.  What  is  the  history  of  the  framing  of  your  State  consti- 
tution ?  Were  the  framers  influenced  by  the  example  of  another 
State?  Compare  the  Declaration  of  Rights  with  Amendments 
I-VHI  of  the  U.  S.  Constitution.  Why  should  these  provisions 
be  included  in  both  State  and  National  constitutions? 

6.  From  your  State  constitution  and  legislative  manual  get 
facts  concerning  the  State  legislature — its  composition,  sessions, 
officers,  etc.  Why  have  two  houses  in  the  legislature?  Do  you 
think  members  of  the  legislature  should  be  required  to  live  in 
the  districts  they  represent? 

7.  What  are  the  rules  governing  apportionments  in  your  State? 
Was  the  last  apportionment  fairly  made? 

8.  What  is  the  process  by  which  laws  are  enacted?  Can  you 
give  reasons  for  the  existence  of  the  committee  system? 

9.  In  what  ways  does  the  constitution  place  limitations  upon 
the  State  legislature?     Give  reasons  for  each  of  these  limitations. 


STATE  GOVERNMENTS  17 

Do  they  indicate  popular  distrust  of  the  legislators?     If  so,  for 
what  reasons?     Who  is  responsible  for  this  condition? 

10.  For  general  discussions  of  State  constitutions  and  govern- 
ments see  Bryce,  I,  chapters  36,  37,  38,  40;  Beard,  American 
Government  and   Politics,  445-452. 

11.  State  legislatures  are  discussed  in  Bryce,  I,  chapter  40; 
Beard,  chapter  25;  Atl.  Mo.,  94  :  72S-739. 

12.  Direct  Legislation,  the  Initiative  and  Referendum,  Wil- 
son, The  State,  310-312,  326-327,  488-490;  Bryce,  I,  chapter 
39;  Beard,  461-469;  Arena,  35  :  507-511;  36  :  52-54  600-603; 
38:288-295;  39:131-141;  Atl.  Mo.,  97:792-796;  Indept., 
57  :  1277-1278;   64  :  1191-1195. 

13.  Popular  Government  in  Oregon,  N.  Am.  Rev.,  184  :  69- 
74;  Indept.,  68  :  1374-1378. 

14.  The  Corruption  of  Government  by  Corporations,  Arena, 
30  :  55-68;  Bribery,  Its  Cause  and  Cure,  Indept.,  55  :  829-832 

15.  The  Belgian  System  of  Proportional  Representation, 
Arena,  50  :  591-597. 

16.  A  Lobbyist  for  the  People,  World's  Work,  15  :  9599-9601; 
Corporations  and  the  Public,  Outlook,  85  :  71-77;  Justice  to 
Corporations,  ibid.,  88  :  118-120;  Punishing  Corporations,  ibid., 
.88  :  862-867. 


CHAPTER  III 

STATE  GOVERNMENTS  (Continued) 

Executive         We  have  sccn  (p.  9)  that  the  powers  of  State  governments 
of  the  fall  under  three  great  departments — legislative,  executive, 

and  judicial.  In  the  preceding  chapter  the  legislative 
function  was  discussed.  The  execution  of  the  laws  of  a 
State  is  vested  in  (1)  local  officers;  these,  besides  execut- 
ing the  laws  of  to^Tis  and  cities,  also  carry  out  the  pro- 
visions of  general  State  laws  upon  such  subjects  as  elec- 
tions, taxation,  and  the  trial  of  cases  in  courts.  (2)  There 
are  also  State  executive  officers — the  governor,  secretary 
of  state,  attorney-general,  treasurer,  and  numerous  others. 
Besides  these,  there  are  often  boards  and  commissions. 
In  most  States  there  is  a  lieutenant-governor  who  is  the 
presiding  officer  of  the  State  Senate,  but  who  otherwise 
has  few  duties  to  perform.  Like  the  governor,  he  is 
elected  by  the  people  for  a  term  varying  in  length  from 
one  to  four  years. 
Duties  The  powers  and  duties  of  the  governor  may  be  stated 

governor,  under  scvcral  heads.  (1)  He  reports  to  the  legislature 
upon  the  condition  of  the  State,  and  recommends  legis- 
lation. (2)  He  has  power  to  convene  the  legislature  in 
special  session.  (3)  In  nearly  all  States  a  bill  must  have 
his  signature  before  it  becomes  a  law.  He  may  delay  or 
defeat  its  passage  by  his  veto.  (4)  The  power  of  pardon- 
ing, or  of  lessening  the  punishment  of  criminals,  is  gener- 
ally vested  in  the  governor.  In  a  few  States  pardon 
boards  have  been  created,  either  possessing  this  power 
or  sharing  it  with  the  governor.  (5)  He  appoints  some 
minor  State  officers  and  frequently  the  members  of  boards 

18 


STATE  GOVERNMENTS  19 

and  commissions.  Confirmation  by  the  Senate  is  some- 
times required  in  these  appointments.  The  governor  him- 
self is  often  a  member  ex-oficio  (that  is,  by  virtue  of  his 
office)  of  these  boards. 

Besides  these  specific  duties,  constitutions  require  the  Executing 
governor  to  see   that  the   laws  are  faithfully  executed. 
Under  this   power  the  governor  supervises  the  work  of 
such  State  officers  as  are  subordinate  to  him;   and  he  has 
power  also  to  punish  by  removal  some  of  the  local  officers, 
such  as  mayors  and  sheriffs,  when  he  considers  that  they 
have  not  performed  their  duties.     If,  however,  the  authori- 
ties of  any  locality  are  unable,  because  of  riot  or  other 
public  disorder,  to  carry  on  the  ordinary  operations  of 
government,  they  may  appeal  to  the  governor  to  assist 
them  in  the  execution  of  law.     This  he  does  by  means  of  The 
the  State  militia,  of  which  he  is  commander-in-chief.    The   ™'''''*" 
presence  of  a  military  force  may  enable  the  civil  officers  to 
restore  order,  or  the  commanding  officers  of  the  militia 
may  temporarily  supersede  the  civil  authorities. 

In  some  States  the  number  of  State  executive  officers,  Adminis- 
besides  the  governor  and  lieutenant-governor,  is  so  large  office're. 
that  these,  with  the  various  boards  and  commissions,  are 
grouped  together  into  the  administrative  department. 
The  secretary  of  state  keeps  public  records,  including 
official  acts  of  the  governor  and  acts  of  the  legislature. 
The  State  treasurer  keeps  the  money  of  the  State.  The 
attorney-general  gives  legal  advice  to  State  officers,  and  is 
lawyer  for  the  State  in  certain  cases.  The  superintendent 
of  schools,  or  board  of  education,  administers  State  laws 
regulating  schools,  teachers,  and  school  money.  The  au- 
ditor or  comptroller  has  duties  in  connection  with  State 
finances.  No  money  can  be  paid  out  of  the  treasury 
without  his  order. 

Other  officers   or   boards   control   the   charitable   and 
penal  institutions  of  the  State,  and  supervise  the  execu- 


20 


STATE   GOVERNMENTS 


Boards 
and  com- 
missions. 


How  the 
public  wel- 
fare is 
guarded. 


tion  of  the  law  upon  certain  subjects,  such  as  health, 
railroads,  labor,  insurance  companies,  agriculture,  mines, 
public  works.  It  is  customary,  also,  to  have  boards  of 
examiners  who  issue  certificates  to  persons  competent  to 
practise  medicine,  law,  pharmacy,  or  dentistry.  Diplo- 
mas of  graduation  from  professional  schools  of  good  repu- 
tation are  accepted  as  equivalent  to  these  certificates. 

The  protection  and  welfare  of  citizens  depend  in  no  slight 
degree  upon  the  administration  of  law  Ijy  these  officers.  By 
their  action,  abuses  in  a  county  jail  or  poorhouse  may  be  cor- 
rected; an  unsound  insurance  company  may  be  compelled  to 
withdraw  from  the  State;  factory  hands  may  secure  safe  and 
comfortable  rooms  in  which  to  work;  a  contagious  disease  may 
be  checked;  local  officers  may  be  compelled  to  furnish  better 
school  facilities  or  teachers.  Even  the  pleasure  of  citizens  is 
frequently  provided  for  through  fish  commissioners,  who  plant 
fish  in  the  rivers,  and  park  boards,  who  preserve  forests  and 
streams  from  injury. 


We  have  now  seen  that  law-making  in  the  State  is 
primarily  a  function  of  the  legislature,  and  that  much 
authority  to  legislate  upon  local  affairs  is  given  to  town, 
village,  and  county  boards  and  to  city  councils.  We  have 
seen  also  that  these  laws  are  enforced  by  local  officers 
and  by  the  State  officers  whose  duties  have  just  been  dis- 
cussed. The  third  department  of  State  and  local  govern- 
ment is  the  judiciary.  In  each  State  of  the  Union  there 
is  a  complete  system  of  courts  for  interpreting  and  apply- 
ing local  and  State  laws. 

At  the  head  of  the  judicial  system  there  is  a  supreme 
court,  or  court  of  appeals,  to  which  cases  may  be  taken 
from  lower  courts  for  final  decision.  The  highest  court 
is  usually  composed  of  several  judges,  and  its  jurisdiction 
covers  the  entire  State.  It  may  either  confirm  or  reverse 
the  decisions  of  lower  courts,  or  it  may  order  a  new  trial 
of  a  case.    At  the  bottom  of  the  judicial  system  there 


STATE   GOVERNMENTS 


21 


are  justice  courts  for  hearing  cases  of  minor  importance 
arising  in  the  town,  village,  or  city.  Justices  of  the  peace 
preside  over  these  courts.*  Between  the  highest  and  the 
lowest  courts  there  is  always  one  and  sometimes  there  are 
two  or  three  grades  of  courts.  Each  is  given  jurisdiction 
within  a  certain  district  and  over  a  certain  class  of  cases. 
Each  possesses,  in  addition,  the  right  to  review  and  con- 
trol the  proceedings  and  processes  of  lower  courts.  Fre- 
quently probate  business,  the  settlement  of  the  estates 
of  deceased  persons  and  related  matters,  is  given  to  a 
separate  court  called  the  probate  court.f  In  large  cities 
a  distinct  series  of  courts  becomes  necessary. 

Important  changes  have  come  about  since  the  estab- 
lishment of  the  older  State  governments  in  the  appoint- 
ment and  tenure  of  judicial  officers.  At  that  time  judges 
were  appointed  by  governors  or  elected  by  legislatures, 
and  their  terms  were  for  life  or  during  good  behavior. 
With  few  exceptions  judges  are  now  elected  by  the  peo- 
ple for  comparatively  short  terms.  Many  writers  con- 
demn this  change,  claiming  that  it  has  resulted  in  lower- 
ing the  standard  of  ability  and  integrity  among  judges. 
It  is  said  that  popular  elections  make  it  possible  for  men 
of  strong  political  following,  not  necessarily  the  ablest 
and  most  upright,  to  secure  places  upon  the  bench. 
Others  claim  that  appointment  of  judges  and  life  tenure 
are  undemocratic;  that  the  present  methods  are  neces- 
sary to  secure  complete  popular  government.  The  judi- 
cial, no  less  than  the  other  branches  of  government,  it  is 
said,  should  be  brought,  through  elections,  into  frequent 
contact  with  the  popular  will. 

Some  general  facts  concerning  State  and  local  officers 
are  worthy  of  brief  notice.  Popular  election,  rather  than 
appointment,  is  the  rule  in  local  units  and  for  the  most 

*  In  cities  the  terms  "police  courts"  and  "police  justices"  are  used, 
t  la  New  York  this  is  the  Surrogate's  Court. 


Judicial 
systems    of 
the  States. 


Popular 
election 
and  short 
terms  of 
judges. 


Frequent 
elections. 


22 


STATE  GOVERNIMENTS 


Two  classes 
of  officers. 


The  short 
ballot. 


important  State  offices.  Hence  we  have  frequent  elec- 
tions and  a  corresponding  opportunity  for  popular  in- 
terest in  and  control  of  local  affairs. 

The  number  of  State  and  local  officers  elected  in  this 
country  is  much  larger  than  elsewhere.  These  officers 
may  be  classified  under  two  heads:  (1)  Those  whose 
duty  it  is  to  determine  the  policy  of  government;  that  is, 
to  decide  what  is  wise  and  beneficial  for  the  public.  Such 
officers  are  governors,  mayors,  members  of  legislative 
bodies,  and  judges.  (2)  There  are  many  officers  whose 
duties  are  quite  exactly  prescribed  by  law  and  who  do  not, 
therefore,  exercise  much  or  any  discretion  in  the  per- 
formance of  them.  Examples  under  this  head  are  secre- 
taries, clerks,  registers,  treasurers,  surveyors,  auditors,  at- 
torneys for  governments,  engineers,  and  police  officers. 
It  is  contended  that  only  the  first  group  of  officers  should 
be  elected;  that  those  of  the  second  group  should  be  ap- 
pointed by  the  others  and  held  responsible  to  them. 

The  adoption  of  this  idea  would  bring  about  the  "short 
ballot"  reform  which  is  urged  by  the  following  arguments:  1, 
Many  of  the  minor  ofEcens  now  elected  do  not  deserve,  and  as 
a  matter  of  fact  do  not  receive,  public  attention.  2.  So  large  a 
number  of  candidates  in  an  election  confuses  the  voter,  who 
cannot  become  acquainted  with  them.  3.  These  minor  oflBcers 
are  not  subordinate  to  the  more  important  ones,  as  they  would 
be  if  appointed,  hence  their  acts  are  not  under  strict  supervision. 
When  it  is  urged  that  the  "short  ballot"  is  undemocratic  it  is 
replied  that  a  democratic  government  is  one  that  is  responsive 
to  popular  control,  regardless  of  the  number  of  officers  elected 
and  appointed  respectively.* 

All  important  officers  are  required  to  take  oath  (or  af- 
firmation)  to   "support  the   Constitution  of  the  United 

*  See  also  p.  37.  The  only  officers  of  the  United  States  government 
who  are  elected  are  President,  Vice-President,  and  members  of  Congress. 
"  The  Ions  ballot  with  its  variegated  list  of  trivial  offices  is  to  be  seen 
nowhere  but  in  the  United  States.  The  English  ballot  never  covers  more 
than  three  offices,  usually  only  one.  In  Canada  the  ballot  is  less  com- 
monly limited  to  a  single  office,  but  the  number  is  never  large." 


STATE  GOVERNMExNTS  23 

States  and   the  constitution  of  the   State  of Oaths, 

and  faithfully   to  discharge  the  duties  of  the  office  of  salaries?'^ 
."     Officers  who  have  considerable  responsi- 


bility, and  especially  those  in  whose  custody  money  is 
placed,  are  required  to  furnish  bonds  for  the  faithful 
performance  of  their  duties.  Compensation  of  officers  is 
either  by  salary,  by  fees,  or  by  a  combination  of  both. 
The  removal  of  State  officers  during  their  terms  is  gen- 
erally by  process  of  impeachment.  Appointed  officers 
may  be  removed  by  the  power  appointing  them,  and  in 
some  cases  local  officers  may  be  removed  by  the  gov- 
ernor or  by  some  other  State  or  local  officer. 

As  we  study  the  chapters  that  follow,  it  will  be  well 
to  remember  that  the  source  of  authority  in  local  govern-  The  state 
ment  is  the  State.     The  machinery  of  town,  village,  city,    regulates" 
and  county  governments  is  created  by  State  law,  which   p^o^were. 
endows  them  with  all  the  powers  they  possess.     At  present 
there  is  a  tendency  toward  the  extension  of  State  authority 
into  local  affairs  by  way  of  inspection  and  supervision, 
and  even  by  complete  State  control.     INIatters  formerly 
left  to  local   governments  entirely  are   being  put  under 
State  regulation,  either  partially  or  completely.     We  shall 
find  this  true  in  the  stricter  supervision  of  public  health 
by  State  officials;  also  in  the  control,  now  given  to  State 
boards  and  officers,  over  penal  and  charitable  institutions. 
It  is  thought  by  some  that  State  authority  might  be  ex- 
tended with  advantage  to  the  building  of  roads  and  the   Should 
thorough  supervision  of  school  systems.     The  advantages   tions^he"''' 
of  State  control  are  these:    the  most  capable  officers  can 
be    secured;     the    methods    employed    may    be    uniform 
throughout  the  State;    and  the  best  methods  can  be  ex- 
tended to  every  section  more  rapidly  than  is  possible  when 
each  local  xmit  has  the  duty  of  investigating  and  adopting 
new  methods  for  itself. 

But  centralization  of  power  meets   strong   opposition 


24  STATE   GOVERNMENTS 

The  benefit  in  most  Communities;  for  the  exercise  of  local  powers  bv 

of  local  I  1  1  •    •  •  n  , 

self-govern-  iocal  authonties  IS  a  fundamental  principle  deeply  planted 
in  the  minds  of  American  citizens.  From  this  stand-point 
it  is  urged  that  the  conduct  of  local  government  should 
be  placed  in  the  hands  of  officers  who  are  directly  respon- 
sible to  the  people  most  concerned.  There  results  a  de- 
gree of  interest  and  of  participation  in  local  government 
that  brings  to  the  people  much  valuable  education  in  poli- 
tics. This  problem — the  right  distribution  of  powers  be- 
tween State  and  local  governments — is  one  that  deserves 
attention  from  citizens  who  expect  to  participate  in  the 
governmental  operations  next  described. 


Supplementary  Questions  and  References. 

1.  Write  in  parallel  columns  the  titles,  names,  terms,  and  sal- 
aries of  the  executive  and  administrative  ofBcers  of  your  State. 
Make  a  list  of  the  executive  boards  and  commissions.  Indicate 
whether  these  officers  are  elected  or  appointed. 

2.  Is  the  pardoning  power  wisely  used  in  your  State  ?  Has  the 
governor  had  occasion  to  call  out  the  State  militia  ?  Why  should 
the  governor  have  the  veto  power? 

3.  The  workings  of  the  executive  department  in  all  its  branches 
may  be  studied  from  the  reports  of  officers  that  are  printed  by 
the  State. 

4.  Are  there  in  your  State  societies,  semi-official  in  character, 
that  receive  financial  aid  from  the  State  ?  What  is  the  purpose 
for  which  each  society  is  organized? 

5.  Outline  the  judicial  system  of  your  State,  giving  the  names 
of  the  courts,  the  composition,  sessions,  and  jurisdiction  of 
each.  What  are  the  terms  and  salaries  of  the  judges?  What 
are  the  names  of  the  judicial  officers  in  whom  you  are  most 
interested  ? 

6.  Do  you  favor  appointment  or  election  of  judges?  Short 
terms  or  life  tenure?     See  Bryce,  I,  504-51 1. 

7.  Is  there  a  chancery  court  in  your  State?     What  matters 


STATE  GOVERNMENTS 


25 


do   chancery   courts   consider?     What   is    included    under   the 
term  "probate  business"? 

8.  Obtain  blank  forms  for  ofRcial  oaths  and  bonds. 

9.  Can  you  give  instances  of  abuses  arising  from  the  fee  sys- 
tem?    In  what  cases  is  this  system  best? 

10.  How  are  vacancies  filled  in  the  various  offices? 

11.  How  would  you  proceed  to  bring  about  the  removal  of  a 
certain  officer  for  non-performance  of  his  duties? 

12.  In  most  States,  the  building  and  maintenance  of  roads  is 
purely  a  local  function.  Is  this  work  successfully  performed? 
Should  the  States  aid  in  making  good  roads  ?  Forum,  32  :  292- 
297. 

13.  The  short  ballot,  Outlook,  92  :  635-639;  780-781;  829- 
831;  971-972;  93  :  896-897. 

14.  Compare  local  government  in  the  United  States  with  the 
system  of  France.  Wilson,  The  State,  214-223.  Which  do 
you  prefer? 

15.  Make  an  outline  of  the  three  branches  of  government  in 
your  State  on  this  plan: 


Government 

Legislative 

Executive 

Judicial 

State 

County 

Town 

16.  General  accounts  of  State  governments  are  found  in  Bryce, 
I,  chapters  41,  42,  44,  45;   Wilson,  The  State,  500-524;   Beard, 
chapter  24. 


CHAPTER  IV 

CITY  GOVERNMENT 

» 

The  The  crowding  together  of  people  in  large  cities  is  the 

large  cities,  result  of  new  industrial  conditions  that  have  come  about 
in  America  since  the  beginning  of  the  nineteenth  cen- 
tury. The  immense  increase  in  the  use  of  machinery 
driven  by  steam  and  electric  power  has  made  possible  the 
modem  factory  system.  Manufacturing  is  no  longer  a 
home  occupation;  its  great  establishments  gather  about 
them  the  workmen  whose  numbers  swell  the  city  popu- 
lations. Improvements  in  transportation  methods  and 
means  of  communication  have  developed  commerce,  and 
thus  enhanced  the  importance  of  the  city,  which  is  the 
centre  of  commerce. 
Conditions  The  mere  presence  of  large  numbers  of  inhabitants 
life.  within  a  limited  area  makes  the  conditions  of  human  life 

in  a  city  quite  different  from  conditions  in  rural  communi- 
ties. In  the  city  we  have  the  poor,  the  ignorant,  and  the 
vicious  thickly  populating  wards  adjacent  to  others  where 
wealth  and  culture  predominate.  Contamination  of  air, 
water,  and  food  threatens  health  on  every  side.  Business 
life  in  a  city  is  remarkable  for  the  energy  with  which  it  is 
conducted,  the  enormous  sums  involved  in  its  transac- 
tions, and  the  employment  of  workmen  in  great  numbers. 
It  is  said  that  "in  the  jostling  throngs  of  the  city  a  care- 
less or  vicious  member  of  society  has  a  hundredfold  more 
opportunity  to  disturb  the  comfort  and  endanger  the 
health  and  well-being  of  his  fellows  than  in  the  country." 
Government  must  fit  itself,  both  in  the  manner  of  its 
organization  and  in  the  execution  of  its  functions,  to  these 

26 


CITY  GOVERNMENT  27 

conditions.     We  see,  then,  the  necessity  of  government  Citygov- 

ernmer  '    '" 

compli 

cated. 


,  1111  rr-  1    •  eminent    is 

on  a  large  scale,  conducted  by  numerous  oincers,  and  m-   compii- 


voh  Lag  the  raising  and  expenditure  of  vast  sums  of  money. 
At  the  same  time,  we  find  the  entrance  of  governmental 
regulation  into  the  minute  details  of  the  citizen's  life. 
We  can  hardly  expect  to  have  so  much  complicated  politi- 
cal activity  without  correspondingly  difhcult  problems. 

City  governments  in  the  United  States  are  organized  The 
upon  the  general  plan  of  the  division  of  powers  among 
legislative,  executive,  and  judicial  branches.  But  the 
details  of  municipal  organization  and  administration  are 
so  various  that  a  general  description  is  almost  impos- 
sible. The  framework  of  a  city's  government  is  pre- 
scribed in  a  special  charter  granted  by  the  State  legisla- 
ture, or  in  a  general  State  law.  In  the  latter  case  some 
imiformity  is  secured  among  cities  of  the  same  size  in  the 
same  State. 

The  city  legislature  is  regarded  as  the  most  important  The 
part  of  its  government.  It  may  be  composed  of  one  or 
of  two  houses.  The  members  are  uniformly  elected,  gen- 
erally from  wards;  where  there  are  two  houses,  the  mem- 
bers of  the  upper  one  may  be  elected  from  the  city  at 
large.  In  size,  city  councils  vary  greatly.  The  members 
are  sometimes  salaried,  but  more  frequently  they  serve 
without  pay. 

The  chief  executive  is  the  mavor,  who  is  elected  to  The 
ofiice  by  the  people.  His  term  is  most  frequently  one  or 
two  years,  but  the  tendency  is  to  make  it  longer.  He 
sometimes  presides  over  the  meetings  of  the  city  council, 
and  in  most  cities  has  the  power  to  veto  its  ordinances. 
The  executive  and  administrative  powers  of  the  mayor 
are  much  greater  in  some  cities  than  in  others.  He  is 
usually  the  head  of  the  police  department,  and  in  this 
direction  his  authority  is  quite  extensive. 

The  judicial  system  of  a  city  generally  includes  two 


mayor. 


managed. 


28  CITY  GOVERNMENT 

The  kinds  of  courts:     (1)  the  ordinary  State  courts   (lustlce 

judiciary.  i     i>       •  •  • 

and  district  or  superior  courts) ;   (2)  special  city  or  police 
courts.     The  jurisdiction  of  the  latter  is  usually  confined  to 
minor  cases.   Juvenile  courts  exist  in  many  cities , 
Adminis-  In  a  town  or  village  government,  the  local  board  may 

partments.  have  oversight  at  the  same  time  of  public  health,  chari- 
ties, streets,  sidewalks,  and  lighting.  But  as  population 
grows  more  dense,  these  public  interests  increase  in  ex- 
tent, complexity,  and  importance  until  it  becomes  neces- 
sary to  make  provision  for  the  separate  supervision  of 
each  one.  Each  of  these  subjects,  then,  will  be  assigned 
to  an  adm.inisirative  department.  These  departments  will 
be  few  in  small  cities,  but  numerous  in  large  ones. 
How  they  There  are  several  ways  in  which  administrative  depart- 
ized  and_  mcuts  have  been  organized  and  managed.  (1)  In  small 
cities,  committees  of  the  council  undertake  this  work. 
(2)  Separate  boards  or  commissions  composed  of  citizens 
not  otherwise  holding  public  offices  may  be  the  controlling 
bodies.  Frequently  such  a  commission  or  board  will  em- 
ploy an  overseer  to  superintend  work  that  is  in  progress 
under  its  direction.  Both  of  these  methods  of  controlling 
city  departments  have  serious  faults  that  will  be  mentioned 
later.  (3)  There  is  a  tendency  to  place  each  department 
under  a  single  head,  and  to  have  this  officer  appointed  by 
the  mayor. 

We  have  now  reviewed  the  general  plan  of  organization 
for  the  government  of  most  American  cities.  How  have 
our  city  governments  worked  ?  On  the  whole,  very  poorly; 
indeed  they  have  been  regarded  as  the  weakest  part  of  our 
entire  government  system.  But  within  recent  years  there 
have  been  encouraging  signs  of  improvement.  Some  of 
the  faults  and  failures  of  city  government  will  now  be 
considered  and  the  remedies  and  steps  in  recent  progress 
will  be  discussed. 

(1)  One  constant  source  of  evil  in  our  cities  has  been  the 


CITY  GOVERNMENT  29 

mingling  of  State  and  National  politics  on  the  one  hand  City  officers 

with  city  affairs  on  the  other.     Men  have  been  elected  to   upon  the 

city  offices  upon  the  basis  of  National  issues;   voters  have  party 

adhered  to  party  tickets,  regardless  of  the  issues  involved 

in  city  problems,  or  of  the  merits  of  candidates.     The 

result  has  been  the  election  of  inefficient  or  dishonest 

officials.     These  men,  being  elected  by  party  machinery, 

have  paid  their  political  debts  by  appointing  unfit  men  as 

their  subordinates,  and  by  otherwise  turning  the  business 

of  the  city  to  the  advantage  of  those  through  whose  efforts 

they  were  elected. 

One  remedy  for  this  situation  is  the  separation  of  city  indepen- 
and  National  politics  in  municipal  elections.  This  is  diffi- 
cult to  accomplish.  But  if  candidates  are  still  nominated 
by  the  regular  parties,  then  independent  voting  will  often 
secure  the  best  available  officers.  There  has  been  a 
marked  tendency  in  recent  years  for  voters  to  cast  their 
ballots  independently  of  party  affiliations.  Another  rem- 
edy suggested  is  a  reduction  in  the  number  of  city  officers 
elected — the  "short  ballot"  principle  (see  p.  22). 

(2)  Not  only  party  politics,  but  personal  greed  has  often  Evil  influ- 
dictated  the  selection  of  city  officers.  Men  have  secured  citygov- 
these  positions  by  election  or  appointment  when  they  saw 
opportunity  for  "graft"  through  the  dishonest  handling 
of  public  money.  Or,  when  work  was  to  be  done  for  the 
city,  these  officers  have  been  paid  for  using  their  influence 
in  favor  of  contractors,  who  in  turn  make  dishonest  profits. 
Again,  individuals  and  corporations  wishing  to  secure 
privileges  from  city  governments  have  spent  money  for 
the  election  of  officers  who  would  do  their  bidding.  Such 
has  been  the  practice  of  some  who  obtained  franchises  for 
street  railways,  lighting,  and  water  supply  plants. 

Shameful  scandals  have  arisen  in  these  ways  when  the 
mass  of  citizens,  engrossed  in  their  private  affairs,  have 
become  indifferent  to  public  business.     Nothing  but  vigi- 


30 


CITY  GOVERNMENT 


Lack  of 
responsi- 
bility. 


The  con- 
centration 
of  all 
executive 
powers. 


Civil 

service 

reform. 


lance  in  the  selection  of  officers  and  constant  watchfulness 
in  attention  to  municipal  affairs  will  remedy  the  evils  here 
mentioned.  There  are  hopeful  signs  of  progress  in  this 
direction  in  many  cities  of  our  country. 

(3)  City  governments  may  fail  to  work  smoothly  because 
of  improper  organization  of  city  administrative  depart- 
ments. When  a  committee  or  board  is  in  control,  there  is 
difficulty  in  locating  responsibility  among  its  members; 
these  are  apt  to  shift  the  blame  for  bad  management  from 
one  to  another,  and  when  responsibility  rests  upon  several, 
no  one  feels  its  burden  seriously. 

The  remedy  of  placing  each  department  under  a  single 
head  is  excellent  in  many  cases.  But  if  this  head  is  ap- 
pointed by  the  mayor  and  confirmed  by  the  council  an- 
other difficulty  arises;  for  neither  of  these  authorities  may 
be  willing  to  assume  responsibility  for  his  conduct.  Some 
authorities  believe  that  the  complete  separation  of  admin- 
istrative departments  (which  really  have  executive  busi- 
ness) from  the  legislative  branch  of  the  city  government  is 
the  proper  remedy:  that  the  mayor  should  be  given  the 
entire  appointing  power  and  should  then  be  held  to  com- 
plete responsibility  for  the  conduct  of  the  city's  business. 
This  is  the  plan  of  organization  of  most  purely  business 
enterprises,  and  its  principle  is  being  recognized  in  many 
city  governments. 

Another  step  tending  toward  purity  in  the  control  of 
administrative  departments  is  the  adoption  of  the  merit 
system  for  subordinate  officers.  These  officers  have  merely 
routine  duties,  or  those  of  a  technical  nature,  and  they 
should  be  selected  upon  the  basis  of  examinations  intended 
to  test  their  fitness,  and  regardless  of  personal  or  political 
considerations.  These  officers  should  be  retained  during 
good  behavior,  instead  of  being  turned  out  at  each  change 
in  administration.  Civil  service  reform,  as  it  is  called, 
tends  to  eliminate  party  politics  from  city  government;  it 


CITY  GOVERNMENT 


31 


should  help  to  place  public  interests  above  private,  and  to 
make  methods  of  municipal  government  more  business- 
like. 

(4)  Reference  has  already  been  made  to  the  opportimities   Difficulties 
for  evil  that  the  density  of  population  in  a  great  city  offers,    cution  of 
This  condition  is  aggravated  when  the  police  department 

is  inefficient,  through  lack  of  proper  methods  of  selecting 
police  oflBcers;  or  when  politics  (either  party  or  personal) 
has  such  influence  that  it  interferes  with  the  strict  per- 
formance of  their  duties.  Police  officers  sometimes  ex- 
tort money  from  law-breakers  under  threats  of  arrest, 
and  criminals  are  forced  to  pay  for  protection.  These 
bad  conditions  are  partly  accounted  for  by  the  indifference 
of  honest  citizens  who  may  know  of  their  existence. 

(5)  The  administration  of  a  city's  finances  tests,  to  the   Financial 
utmost,  the  quality  of  its  government.     The  revenues  and 
expenses  of  many  cities  exceed  those  of  the  States  in  which 

they  are  situated.*  The  raising  and  expenditure  of  these 
vast  sums  of  money  without  the  taint  of  fraud  is  very 
difficult.  (1)  When  money  is  raised  by  taxation,  we  shall  Taxation, 
see  in  a  later  chapter  how,  by  the  undervaluation  and 
concealment  of  property,  many  persons  escape  their  just 
burdens.  Such  abuses  are  more  difficult  to  detect  in 
cities  than  in  rural  communities,  w^here  business  is  con- 
ducted with  less  privacy. 

(2)  The  expenditure  of  public  funds  gives  opportunity  Theexpen- 
for  the  wrong  use  of  this  money.  The  citizens  generally  public 
do  not  vmderstand,  and  do  not  watch  carefully,  the  proc- 
esses by  which  their  money  is  applied  to  the  objects  of 
city  government.  This  is  because  expenditures  are  made 
in  such  a  great  variety  of  ways,  and  because  the  machinery 
of  city  government  is  complicated.     The  officers  who  are 

*  In  1908  the  158  largest  cities  of  the  United  States  (those  having 
30,000  population  or  more)  spent  a  total  of  $450,000,000.  The  per  capita 
expense  of  their  governments  was  $16.81. 


32 


CITY  GOVERNMENT 


responsible  for  the  expenditure  of  money  are  frequently 
unknown  to  the  tax-payer.  These  officers  are  more  indif- 
ferent to  the  existence  of  abuses  in  connection  with  city 
finances,  and  the  pressure  of  public  opinion  is  much  less 
direct  than  it  is  in  rural  communities. 

The  table  below  shows  the  number  of  cities  in  the  United  States 
of  more  than  8,000  population  for  each  census  year,  and  the  per- 
centage of  the  total  population  living  in  those  cities. 


Number 
of  cities 

Per  cent. 

of  total 

population 

Number 
of  cities 

Per  cent. 

of  total 

population 

1790 

6 

3.35 

1860 

141 

16.13 

1800 

6 

3.97 

1870 

220 

20.93 

1810 

11 

4.93 

1880 

286 

22.57 

1820 

13 

4.93 

1890 

447 

29.20 

1830 

26 

6.72 

1900 

545 

33.10 

1840 

44 

8.52 

1910 

1850 

85 

12.49 

Why  debts 
are  con- 
tracted. 
/ 


The  grant- 
ing of 
powers  to 
cities. 


The  question  of  finances  is  most  serious  in  cities  of  rapid 
growth.  For  here  the  extension  of  streets  and  other  public 
improvements  off'ers  opportunity  for  advertising  the  city 
and  so  building  up  its  business  as  well  as  increasing  the 
value  of  its  real  estate.  Consequently,  there  is  always 
excuse,  and  frequently  necessity,  for  the  contraction  of 
debts,  and  the  proposition  to  issue  bonds  is  easily  carried 
by  popular  vote.  In  most  States,  limits  have  been  set, 
either  by  law  or  by  the  State  constitution,  upon  the  amount 
of  debts  that  cities  may  contract. 

(6)  Attention  has  been  called  to  the  fact  that  all  local 
governments  derive  their  powers  from  the  State.  The 
city  is  a  political  corporation  created  by  an  act  of  the  leg- 
islature. Two  evils  have  arisen  at  this  point.  (1)  The 
powers  granted  have  not  been  ample  enough,  so  that  cities 
have  found  themselves  unable  to  do  things  that  seemed 


CITY  GOVERNMENT 


33 


best  for  their  welfare.  (2)  State  legislatures  have  passed 
special  laws  granting  particular  cities  their  charters  and 
have  afterward  legislated  for  these  cities  by  special  acts.* 
The  corrective  for  this  evil  has  been  applied  in  a  majority 
of  States,  where  special  legislation  for  cities  is  prohibited; 
cities  must  be  organized  and  their  powers  must  be  defined 
by  general  laws.  These  laws  apply  uniformly  to  cities  of 
the  same  class,  as  determined  by  their  population.  "Home 
rule"  for  cities,  within  the  limits  of  these  general  laws, 
seems  a  reasonable  demand.  This  demand  will  become  The  ques- 
more  insistent  as  public  opinion  becomes  better  organized,  home  rule, 
and  this  will  come  as  a  result  of  increased  attention  paid 
by  the  mass  of  citizens  to  municipal  affairs.  This  spirit 
of  local  self-government  may  even  demand  the  right  of 
the  people  to  frame  and  adopt  their  own  municipal  char- 
ter; and  this  method  of  organizing  a  city,  or  of  adopting 
a  newer  charter,  has  been  followed  in  some  instances. 

(7)  The  problem  of  municipal  franchises  is  one  of  the  Natural^ 
most  difficult  in  the  government  of  our  American  cities. 
It  is  generally  recognized  that  because  of  the  circumstances 
under  which  water,  light,  and  transportation  facilities  are 
furnished,  the  industries  that  furnish  these  necessities  tend 
to  become  monopolies,  f  Little  or  no  competition  between 
rival  plants  is  possible. 

At  one  point  these  industries  are  different  from  other 


monopolies. 


*  New  York  City  has  suffered  greatly  from  this  evil.  A  recent  writer 
says:  "  The  city  of  New  York  is  governed  from  the  State  capitol.  Scores 
of  laws  are  passed  every  year  relating  to  matters  of  purely  local  interest 
and  of  minor  importance.  A  bill  for  a  park  in  a  densely  populated 
portion  of  the  city  is  introduced  at  Albany,  and  perhaps  passed  with 
little  regard  as  to  whether  the  city  or  the  people  of  the  locality  desire  its 
enactment.  .  .  .  This  mass  of  legislation,  which  flows  into  Albany  from 
New  York  and  from  every  other  city,  overburdens  the  State  legislature. 
If  every  bill  of  local  interest  were  thoroughly  considered,  nothing  else 
could  be  accomplished,  and  the  interests  of  the  State  would  be  neglected." 
— Municipal  Affairs,  IV,  452,  Sept.,  1900. 

t  See  Ely,  Problems  of  to-day,  chapters  18  and  19. 


34 


CITY   GOVERNMENT 


The  grant- 
ing and  pro- 
visions of 
franchises. 


How  pub- 
lic service 
interests 
influence 
city 
affairs. 


"Stock 
watering.' 


enterprises:  their  operation  involves  the  use  of  the  city 
streets.  Because  the  streets  are  public  property,  the  right 
to  construct  and  operate  a  plant  is  given  in  a  franchise 
granted  by  the  city  council.  A  franchise  is  in  the  nature 
of  a  contract,  the  parties  to  which  agree  upon  the  obliga- 
tions assumed  by  each.  An  individual  or  a  corporation 
obtaining  a  franchise  agrees  to  furnish  a  certain  quality 
of  service.  If  this  is  not  done,  the  penalty  may  be  the 
forfeiture  of  the  franchise.  Practically,  however,  it  has 
been  found  very  difficult  to  enforce  strict  adherence  to  the 
terms  of  agreement,  by  legal  procedure.  The  rates  to  be 
charged  for  service  may  or  may  not  be  stated  in  the  fran- 
chise. If  they  are  not,  the  patrons  have  little  protection 
from  extortion.  The  justice  of  fixing  rates  in  a  franchise 
depends  upon  the  length  of  time  for  which  it  is  to  oper- 
ate. The  growth  of  a  city  through  a  long  term  of  years 
brings  immense  advantages  to  the  industries  that  we  have 
under  discussion ;  for  the  greater  population  can  be  served 
at  only  slightly  increased  cost  to  the  owners  of  the  plants. 
It  is  a  consequence  of  these  conditions  that  in  many 
cities  the  operation  of  these  plants  has  yielded  excessive 
profits  to  their  owners.  Now,  for  securing  by  franchise 
the  right  to  establish  one  of  these  public  service  plants 
men  have  been  willing  to  invest  large  sums  of  money  in  the 
way  of  campaign  contributions  to  control  elections,  and 
by  bribery  to  control  city  councils.  Again,  the  person  or 
corporation  already  possessing  a  franchise  often  desires 
the  extension  of  the  time  of  its  operation  or  of  the  rights 
granted  by  it.  Social,  business,  and  political  pressure  of 
every  nature  may  be  used  to  attain  the  desired  end.  The 
result  is  that  public  officers,  instead  of  being  public  ser- 
vants, become  the  tools  and  agents  of  private  interests. 

"When  the  rates  or  charges  are  excessive  and  dividends  are 
large  in  consequence,  corporations  may  resort  to  "stocic  water- 
ing" as  a  means  of  concealing  the  true  state  of  affairs.     That 


CITY  GOVERNMENT 


35 


is,  new  shares  of  stock  are  given  away  or  sold  at  a  nominal  sum, 
generally  to  those  who  already  own  stock;  so  the  per  cent,  of 
gain  on  each  share  is  less,  though  the  rate  of  profit  on  the  money 
actually  invested  is  still  unreasonably  high. 

Such  being  the  conditions  under  which  public  service 
plants  have  been  operated  by  individuals  and  corpora- 
tions, the  question  has  been  freely  discussed,  Should  not 
the  city  itself  own  and  control  these  industries,  and  fur- 
nish the  service  to  the  people  at  cost  ?  Two  alternatives 
are  presented:  public  ownership  and  operation,  or  strict 
control  by  city  or  State  authorities. 

(1)  It  would  seem  that  the  degree  of  corruption  attending  Argu- 
the  granting  of  municipal  franchises  is  a  strong  argument   Municipal 
for  municipal  ownership.     (2)  It  may  also  be  argued  that  °'"^^'^  'P" 
since  the  city  would  not  operate  these  plants  for  profit, 
rates  could  be  made  lower  than  under  private  ownership. 
(3)  Municipal  ownership  is  urged  as  the  best  means  of 
awakening  the  interest  of  the  people  in  city  affairs. 

In  opposition  to  this  policy  it  is  said  (1)  that  the  same  Argu- 
corrupt  influences  that  are  used  to  secure  franchises  w^ould  private 
be  employed  to  bring  about,  through  elections  and  appoint- 
ments, control  of  a  municipal  plant.  Would  not  such  a 
plant  be  operated  for  the  political  advantage  of  the  party 
in  power?  (2)  Private  ownership,  it  is  urged,  would  best 
secure  economical  management.  The  personal  interest 
of  obtaining  profits  would  not  operate  to  keep  down  ex- 
penses in  the  case  of  a  municipal  plant.  (3)  The  advo- 
cates of  private  ownership  point  to  some  cases  of  failure 
where  municipal  ownership  has  been  tried.  They  argue 
that  the  success  of  this  plan  in  European  cities  is  no  cri- 
terion for  our  own  country.  On  the  other  hand,  statistics 
and  testimony  of  successful  municipal  ownership  are 
produced  from  some  American  cities. 

Those  who  do  not  accept  municipal  ownership  as  a 
desirable  solution  of  the  problem  advocate  various  ways 


36 


CITY  GOVERNMENT 


Methods  of 
control  of 
public 
utilities. 


Funda- 
mental 
problems  in 
city  gov- 
ernment. 


The  com- 
mission 
form  of 
govern- 
ment. 


of  controlling  the  operation  of  plants  under  private  or 
corporate  ownership.  The  following  regulations  *  are 
recommended : 

(1)  No  franchise  should  be  granted  for  a  longer  term 
than  twenty-one  years. 

(2)  The  grantee  should  pay  a  fair  price  for  the  priv- 
ileges secured;  and,  in  addition,  a  percentage  on  gross 
receipts. 

(3)  At  the  end  of  the  term,  the  franchise  should  revert 
to  the  public;  the  right  of  the  city  to  acquire  the  plant, 
jvith  or  without  compensation,  being  reserved. 

(4)  The  financial  accounts  of  the  grantee  should  be 
matters  of  public  record,  and  should  be  open  to  exami- 
nation by  an  officer  of  the  city. 

It  may  be  apparent  from  the  foregoing  discussion  of 
the  problems  and  evils  of  city  government  that  the  funda- 
mental difficulties  are  two:  (a)  faulty  organization,  and 
(6)  lack  of  the  proper  civic  pride  in  the  body  of  citizens. 
In  the  matter  of  organization,  progress  is  being  made  to- 
ward less  State  interference  with  city  affairs,  civil  service 
reform,  and  the  concentration  of  power  and  responsibility 
in  fewer  officers. 

Within  recent  years  the  "commission  plan"  has  been 
adopted  in  numerous  cities.  The  essence  of  this  plan  is 
the  abolition  of  the  present  division  of  legislative  and 
executive  functions;  they  are  united  in  the  hands  of  a 
small  body  of  officers,  which  thus  takes  the  powers  of 
both  mayor  and  council.  Its  adoption  is  now  optional 
with  cities  in  many  States. 


This  plan  originated  in  Galveston,  Texas,  in  1901,  and  a  modi- 
fication of  it  was  soon  afterward  put  into  operation  in  Des  Moines, 
Iowa.  In  Galveston  a  commission,  composed  of  five  salaried 
members  (one  being  mayor),  was  elected  at  large  for  temis  of 
two  years.     This  body  had  both  legislative  and  executive  duties, 

*  Adapted  from  "  A  Municipal  Program,"  127. 


CITY  GOVERNMENT  37 

each  member  being  in  charge  of  a  department  of  the  city  gov- 
ernment. Superintendents  were  employed  to  oversee  the  work 
under  the  various  departments. 

Among  the  arguments  in  favor  of  this   plan  are  these:     (1)    Argumeata 
City  government  is  chiefly  a  matter  of  administrative  business,    trains? 
rather  than  the  laying  down  of  general  policies,  which  belongs   this  plan, 
to    State    and   National    governments.      Good    administration 
requires   the   concentration   of    power  in   the  hands   of  a  few 
persons,   as  in   the  case  of   business  corporations;   these  per- 
sons should  have  the  power  both  to  determine  and  to  execute 
the  plans  they  consider  wise.*     (2)  Under  this  concentration  of 
power,  responsibility  is  readily  located.     (3)  A  few  men  who  are 
experts  can  be  employed,  at  good  salaries,  to  devote  their  en- 
tire time  to  city  affairs.     (4)  A  better  type  of  city  officers  will 
thus  be  selected.     (5)  More  civic  interest  will  be  aroused. 

In  opposition  to  this  view,  it  is  claimed  that  :  (1)  Such  great 
power  should  not  be  lodged  in  the  hands  of  a  few  men.  (2)  Cer- 
tain parts  of  a  city,  or  certain  classes  of  people,  would  not  be 
adequately  represented.  (3)  This  is  a  movement  away  from 
democracy.  (4)  It  offers  opportunity  for  corrupt  men  to  do  in- 
jury commensurate  with  their  great  powers. 

The  adoption  of  the  commission  form  is  usually  accora-  Popular 
panied  by  the  enactment  of  certain  measures  by  which  the  officera. 
citizens  may  freely  assert  their  will  in  important  matters. 
Such  means  are  the  initiative,  by  which  they  may  demand 
that  the  officers  take  action  upon  a  certain  subject;    the 
referendum,  by  which  the  people  may  approve  or  reject 
measures  that  have  been  passed  by  the  coimcil;   and  the 
recall — a  device  under  which  a  certain  number  of  voters 
may  demand  that  an  officer  stand  for  re-election  (against 
competitors,  if  any  such  appear)  at  any  time  during  his 
term.     The  recall  is  based  upon  the  idea,  familiar  in  busi-  The  recall, 
ness  affairs,  that  an  employee  should  be  held  to  account 
for  questionable  conduct  at  any  time,  regardless  of  the 
term  of  his  appointment. 

It  may  be  safely  asserted  that  whatever  plan  of  organi- 

*  Those  who  advocate  the  "short  ballot"  believe  in  the  commission 
plan  of  city  government.     See  p.  22. 


45o. 


38 


CITY  GOVERNMENT 


The  neces- 
sity for  an 
active  pub- 
lic spirit. 


Foreiscn 
population 


How  cities 
nre  extend- 
ing their 

functions. 


zation  a  city  may  adopt,  its  government  will  be  efficient 
and  pure  only  when  an  active  public  spirit  directs  the 
selection  of  good  officers  and  holds  them  to  high  standards 
of  action.  The  quality  of  this  public  spirit  will  depend 
upon  the  interest  of  citizens  in  city  affairs.  Doubtless  the 
creation  of  a  unified  civic  spirit  is  rendered  very  difficult 
by  the  presence  in  many  cities  of  a  variety  of  nationalities. 
But  the  final  responsibility  for  bad  government  cannot 
be  placed  upon  our  citizens  of  foreign  birth;  nor  even 
upon  the  ignorant  and  vicious  classes.  It  may  be  fairly 
maintained  that  "there  is  not  a  city  in  the  Union  in 
which  the  honest,  orderly,  and  industrious  voters  are 
not  in  a  large  majority."  Citizens  need,  above  all,  to 
feel  a  unity  of  interest  in  good  government.  They  need 
to  feel  the  necessity  of  co-operation  in  civic  improvement, 
private  opinions  and  selfish  interests  giving  way  to  public 
welfare.  The  attainment  of  this  ideal  is  a  matter  of  slow 
growth;  and  the  new  and  unsettled  conditions  of  rapidly 
expanding  cities  retard  this  growth.  In  the  end,  good 
city  government  will  be  brought  about  only  by  constant 
and  patient  attention  to  civic  duty  on  the  part  of  citizens. 
The  growth  within  recent  years  of  a  better  public  spirit 
in  cities  is  indicated  by  new  conceptions  of  the  possible 
services  that  a  city  government  may  render  to  the  people. 
In  addition  to  measures  safeguarding  public  health  through 
proper  sanitation,  cities  have  begun  to  establish  public 
baths  and  systems  of  medical  inspection  in  schools.  Pub- 
lic parks  and  boulevards  have  long  been  recognized  as 
proper  means  of  providing  for  recreation;  public  play- 
grounds and  gymnasiums  are  now  being  added.  Many 
cities  have  regularly  established  an  administrative  depart- 
ment in  charge  of  these  means  of  recreation.  School  sys- 
tems and  libraries,  long  the  sole  means  of  public  education, 
are  being  supplemented  by  vacation  schools,  municipal 
art  galleries,  public  lectures,  and  concerts.     The  need  of 


CITY  GOVERNMENT 


39 


proper  opportunities  for  social  life  is  being  supplied  by 
the  use  of  school-houses  as  "social  centres."  Attention  to 
the  arrangement  and  architecture  of  city  buildings  and  the 
beautifying  of  homes  and  streets,  is  another  indication  of 
the  new  civic  feeling  that  is  growing  up  in  these  times. 

Many  of  the  reforms  and  improvements  that  have  been  Reform 
accomplished  in  city  government  are  the  results  of  study  menta. 
and  agitation  undertaken  by  such  organizations  as  the 
City  Club  of  Chicago,  the  jSIimicipal  Reform  League  of 
Boston,  the  IMunicipal  League  of  Philadelphia,  and  the 
Good  Government  Clubs  of  New  York.  Numerous  State 
leagues  and  the  National  IMunicipal  League  give  oppor- 
tunity for  discussion  of  municipal  problems,  besides 
spreading  information  by  their  publications.  The  public 
schools  have  a  part  to  perform  in  fostering  the  newly 
awakened  civic  spirit  of  the  times.  Preparation  for  the 
performance  of  the  citizen's  duties  is  becoming  an  im- 
portant part  of  school  work.  Thus  we  see  that  the  forces 
are  at  work  which  will  ultimately  solve  the  problems  of 
city  government. 


Similar  industrial  changes  have  caused  the  same  rapid  growth   The  gov- 
in  European  as  in  American  cities.     Between  1870  and  1890,    European 
BerHn  grew  faster  than  New  York,  Hamburg  faster  than  Bos-   cities, 
ton,  Munich  faster  than  St.  Louis. 

The  general  character  of  municipal  government  in  European 
cities  differs  in  several  respects  from  that  of  our  American  cities. 
There  the  government  occupies  a  place  of  greater  importance. 
Its  functions  are  more  extended,  covering  besides  the  activities 
mentioned  above  municipal  lodging-houses,  markets,  slaughter- 
houses, pawnshops,  sa%ings  banks,  etc.  Moreover,  the  terms  of 
officers  are  longer  and  their  tenure  is  more  secure.  Hence, 
office  holding  in  some  places  comes  to  be  a  distinct  profession 
for  which  training  is  required.  In  Germany  mayors  are  fre- 
quently employed  by  one  city  after  another  as  the  heads  of 
business  corporations  are  in  this  country. 

Party  politics  plays  less  part  in  the  affairs  of  European  cities 
than  in  the  United  States;    they  have,  consequently,  less  cor- 


40  CITY  GOVERNMENT 

ruption  among  city  officials.  The  idea  of  a  trained  and  perma- 
nent civil  service  is  universal.  Greater  public  interest  and 
higher  ideals  of  city  government  may  be  found  in  European 
cities. 


Supplementary  Questions  and  References. 

Make  a  study  of  your  (or  a  neighboring)  city  on  the  following 
points: 

1.  Economic  reasons  for  its  location  and  growth. 

2.  Time  and  circumstances  of  its  incorporation.  The  original 
limits.     Reasons  for  subsequent  enlargement  of  the  city. 

3.  The  city  legislature — name,  number  of  members.  How 
are  they  elected?  For  what  terms?  Are  they  paid?  Do  you 
think  changes  would  be  desirable  in  these  respects?  Can  you 
make  a  general  statement  concerning  the  occupations  and  quali- 
fications of  members? 

4.  The  executive — title — term — salary.  What  are  his  powers 
of  appointment?  Has  he  the  veto  power?  Should  his  powers 
be  increased? 

5.  Judiciary — courts — officers — jurisdiction. 

6.  How  many  administrative  departments  are  there?  Are 
they  under  the  control  of  committees,  boards,  or  single  heads? 
What  is  the  relation  of  each  department  to  the  mayor?  to  the 
council  ?  Outline  the  work  of  each  department.  Does  the  pres- 
ent arrangement  work  successfully  ? 

7.  Obtain  a  statement  of  the  city's  finances,  showing  receipts 
and  expenditures.  Is  there  a  bonded  debt?  How  is  it  man- 
aged ?     Is  there  a  sinking  fund  ? 

8.  What  is  the  relation  existing  between  this  city  and  the  State 
government?     Would  more  "home  rule"  be  desirable,  or  less? 

9.  How  are  the  water,  lighting,  and  street-car  plants  man- 
aged? Would  you  change  the  system?  Do  you  favor  the  ex- 
tension of  the  city's  functions  in  other  directions? 

10.  What  kinds  of  street  pavement  are  used?  What  is  the 
best  kind?    How  much  does  it  cost? 

11.  What  method  of  garbage  disposal  is  in  use?  How  are 
the  streets  cleaned  ?     Are  these  methods  effectual  ?     Can  students 


CITY  GOVERNMENT  41 

in  the  public  schools  help  in  keeping  the  city  clean?     Can  they 
do  anything  toward  beautifying  the  city? 

12.  What  is  the  organization  of  the  police  department?  Can 
you  recommend  improvements?  If  an  officer  fails  to  enforce 
an  ordinance,  what  course  would  you  take  to  secure  its  enforce- 
ment? 

13.  Does  your  city  have  to  deal  with  problems  of  the  slums 
and  tenement  houses?  Is  there  a  large  foreign-born  element? 
Would  you  recommend  any  limitation  of  the  suffrage? 

14.  Are  independent  or  reform  movements  successful  in  this 
city? 

15.  What  are  the  excellent  features  of  the  city's  government? 
What  are  its  faults?  What  reasons  can  you  assign  for  its  ex- 
cellencies and  its  failures? 

16.  Organize  your  class  as  a  city  council  and  pass  ordinances 
that  you  think  beneficial. 

17.  The  most  useful  books  on  city  government  are  the  fol- 
lowing: 

Bryce,  American  Commonwealth,  I,  chapters  50-52;  II, 
chapters  88,  89;  Conkling,  City  Government  in  the  United 
States;  Wilcox,  The  Study  of  City  Government;  Devlin,  Mu- 
nicipal Reform  in  the  United  States;  Tolman,  INIunicipal 
Reform  Movements;  Bliss,  Encyclopedia  of  Social  Reform; 
Riis,  How  the  Other  Half  Lives;  Howe,  The  City,  the  Hope 
of  Democracy;  Beard,  American  Government  and  Politics, 
chapters  27  and  28;  Zueblin,  American  Municipal  Progress; 
Rowe,  Problems  of  City  Government;  Goodnow,  City  Gov- 
ernment in  the  United  States. 

18.  For  arguments  for  and  against  municipal  ownership,  see 
the  following:  Arena,  30  :  392-400;  504-509;  32  :  461^71; 
33  :  361-369;  Indept.,  53  :  2632-2636;  55  :  93-96;  60  :  449- 
452;  1153-1157;  Outlook  82  :  504-511;  Rev.  of  R's,  33  :  724- 
725;   35  :  329-333. 

19.  The  commission  form  of  city  government.  Arena,  38  : 
8-14;  144-149;  Cen.  Mag.,  42  :  970;  Indept.,  63  :  195-200; 
Outlook,  85  :  834-835;  839-843;   Rev.  of  R's,  36  :  623-624. 

20.  Civic  beauty.     Indept.,   54  :  1870-1877;   World's  Work 
11:  7191-7205;   Rev.  of  R's,  38  :  355-357. 


42  CITY  GOVERNMENT 

21.  City  playgrounds.  Indept.,  65:420-423;  In  Chicago, 
Outlook,  81  :  775-781. 

22.  Juvenile  courts.  Indept.,  58  :  238-240;  Rev.  of  R's, 
33  :  304-311. 

23.  Fire  protection  in  cities.  Outlook,  88  :  681-693;  Rev. 
of  R's,  38  :  703-713. 

24.  European  cities.  Rev.  of  R's,  41  :  752-753;  Comparison 
with  American  cities,  Scribner's  Mag.,  40  :  113-121.  German 
cities.  World's  Work,  15  :  9913-9920;   Outlook,  83  :  618-620. 

25.  Articles  upon  particular  cities.  Brookline,  Arena,  32  : 
377-391;  Detroit,  Outlook,  91  :  206-216;  Chicago,  Outlook, 
92  :  997-1013;   New  York,  Rev.  of  R's.,  40  :  594-601. 

26.  Miscellaneous.  The  ideal  city.  Outlook,  93  :  141-142; 
Better  business  methods.  Rev.  of  R's,  37  :  195-200;  Civic  better- 
ment. Rev.  of  R's,  39  :  77-81 ;  Smoke  problem,  Rev.  of  R's,  39  : 
192-195;  Citizenship  in  cities,  Outlook,  82  :  271-273;  City 
elections.  Outlook,  89  :  371-375;  Expansion  of  municipal  ac- 
tivities, Arena,  33  :  128-134;  Problems,  Indept.,  59  :  902-908; 
The  budget,  Outlook,  92  :  1048-1059;  The  menace  of  crowded 
cities,  World's  Work,  16  :  10268-10272. 


CHAPTER  V 
ELECTIONS  AND  PARTY  GOVERNMENT 

In  the  local  and  State  governments  of  our  country  the  Times  of 
number  of  officers  elected  is  very  large  and  the  terms  of 
office  are  short;  hence  elections  are  of  frequent  occur- 
rence. Town,  village,  and  city  elections  generally  occur 
in  the  spring  of  the  year,  while  State  and  county  officers 
are  elected  at  the  same  time  with  members  of  Congress, 
on  the  Tuesday  after  the  first  Monday  of  November  in  the 
even-numbered  years.  There  are,  however,  some  excep- 
tions to  these  general  rules. 

Since  suffrage  qualifications  are  fixed  by  the  different  Sufifrage 
States,*  there  are  many  variations  in  details,  though  gen-  tions. 
eral  agreement  prevails  upon  the  fundamental  require- 
ments. (1)  The  age  at  which  a  person  may  vote  is  uni- 
formly twenty-one  years.  (2)  Manhood  suffrage  is  usual, 
but  a  few  States  have  granted  full  suffrage  to  women. 
In  most  States  of  the  Union  women  vote  at  school  elections. 
(3)  It  is  usual  to  require  a  residence  of  six  months  or  one 
year  in  the  State  where  a  person  wishes  to  vote;  also,  a 
brief  term  of  residence  in  the  election  district.  (4)  Full 
United  States  citizenship  is  required  in  a  majority  of  the 
States.  In  the  others  a  foreigner  who  has  declared  his 
intention  to  become  a  citizen  is  given  the  right  to  vote. 

The  right  of  suffrage  is  withheld  from  certain  classes 

of  citizens,  such  as  the  insane  and  the  feeble-minded,  and 

*  The  National  government  controls  suffrage  in  the  States  through 
Amendment  XV  of  the  United  States  Constitution;  also,  indirectly, 
through  Article  I,  section  2,  clause  1.  Section  2  of  Amendment  XIV 
might,  if  it  were  enforced,  act  as  a  restraint  upon  the  States  in  their  re- 
strictions of  the  suffrage.     See  pp.  142-143. 

43 


44  ELECTIONS  AND  PARTY  GOVERNMENT 

those  who  have  been  convicted  of  certain  crimes.  One 
hundred  years  ago  there  were  property  qualifications  for 
voters  in  every  State  in  the  Union.  The  democratic 
movement  of  the  first  third  of  the  nineteenth  century 
swept  these  laws  away.  At  present  the  payment  of  a 
tax  is  a  requirement  in  a  few  States.  An  educational 
qualification  has  been  fixed  in  a  few  of  the  Northern  and 
in  several  Southern  States. 


Woman 
suffrage. 


The  question  of  full  woman  suffrage  is  attracting  attention, 
partly  as  the  result  of  agitation  carried  on  in  Great  Britain,  where 
women  vote  for  all  elective  officers  except  Members  of  Parlia- 
ment and  now  demand  the  latter  privilege.  In  most  European 
countries,  women  have  more  or  less  limited  privileges  of  voting; 
generally  they  must  be  property  owners,  have  certain  incomes 
or  be  engaged  in  business.  In  Australia  and  New  Zealand  they 
have  full  suffrage  rights. 


Registra- 
tion. 


Within  recent  times  great  changes  have  taken  place  in 
the  manner  of  conducting  elections  in  the  United  States, 
as  the  result  of  efforts  to  check  wide-spread  election  abuses. 
Among  these  abuses  was  "repeating";  that  is,  voters  went 
from  one  polling  place  to  another,  voting  at  each.  It  was 
comparatively  easy  to  commit  this  fraud  in  large  cities; 
the  enactment  of  registration  laws  has  materially  checked 
this  evil.  At  a  stated  time  before  an  election  the  voter 
must  have  his  name  and  residence  recorded  with  the 
election  officials.  The  registry  lists  are  published  so  that 
false  registration  may  be  detected.  Such  laws  exist  in  a 
majority  of  the  States,  though  their  action  is  in  some  cases 
confined  to  the  larger  cities,  and  here  the  laws  are  some- 
times not  strictly  enforced.  As  each  ballot  is  cast  the 
voter's  name  is  checked  in  the  registry  list.  Voters  who 
have  failed  to  register  may  "swear  in"  their  votes;  that 
is,  take  oath  that  they  are  qualified  electors.  This  opens 
the  way  to  fraud  and  is  consequently  prohibited  in  the 


ELECTIONS  AND  PARTY  GOVERNINIENT  45 

large  cities.     In  the  main,  it  is  recognized  that  registra- 
tion must  be  a  feature  of  every  good  election  system. 

Many  other  forms  of  election  abuses  were  checked  bv  ^he  Aus- 

•'  "      tralian  bal- 

the  adoption  of  the  Australian  ballot  system,  which  now  lot  system, 
exists  in  all  but  one  or  two  of  the  States.  Under  former 
election  methods,  each  political  party  printed  its  own  list 
of  candidates,  or  the  tickets  might  be  printed  by  individ- 
uals. A  variety  of  frauds  might  then  be  committed.  A 
number  of  tissue-paper  ballots  were  sometimes  folded  to- 
gether and  cast  as  one  ballot.  Candidates  could  have 
ballots  printed  like  those  of  the  rival  party  with  the 
exception  of  one  or  two  names.  Or,  slips  of  gummed 
paper  (called  "pasters"),  with  the  name  of  one  candi- 
date, could  be  fastened  upon  the  ballots.  In  these  and 
similar  ways  ignorant  and  careless  voters  were  often 
deceived.  Hence  we  now  have  the  official  ballot,  printed 
by  the  government,  on  which  the  names  of  all  the  can- 
didates must  appear.  Another  essential  feature  of  the 
Australian  ballot  system  is  secrecy.  The  ballots  must  be 
obtained  from  election  officials  within  the  election  booth; 
screened  shelves  are  provided  to  which  the  voter  must  im- 
mediately take  his  ballot  and  mark  it.  He  must  then 
fold  and  cast  the  ballot  without  communication  with  any 
but  election  officials.  "Electioneering"  is  prohibited  with- 
in or  near  a  booth. 

Two  forms  of  the  official  ballot  are  used,  as  illustrated  below. 

(1)  The  original  Australian  ballot  form. 

For  Governor.  Party, 

A.  B Democratic. 

CD Prohibition. 

E.  F Republican. 

For  Lieutenant-Governor.  Party. 

G.  H Prohibition. 

I-  J Republican. 

K.  L Democratic. 


46   ELECTIONS  AND  PARTY  GOVERNMENT 

For  Assemblyman. 

M.  N Republican. 

O.  P Democratic. 

Q.  R Prohibition. 

(2)  The  modified  American  form. 


State  Officers 


Governor 

Lieutenant- 
Governor  . . . . 

Member  of  As- 
sembly  


Democratic 


A.  B. 


I.  J. 


O.  P. 


Prohibition 


CD. 


K.  L. 


Q.  R. 


Republican 

E. 

F. 

M 

N. 

S. 

T. 

Individual 
Nominations 


The 

canvass. 


More  intelligence  and  care  are  required  in  the  use  of  the  first 
form;   the  second  form  favors  the  voting  of  straight  tickets. 

In  spite  of  these  reforms  in  election  methods  and  the 
devices  for  preventing  fraud  and  bribery,  there  still  exists 
a  considerable  amount  of  illegal  voting.  This  Is  possible 
in  great  cities,  where  there  is  a  large  floating  population;* 
also  in  certain  States,  where  the  parties  are  nearly  equal 
in  strength.  Corrupt  election  officials  sometimes  violate 
even  the  most  carefully  framed  regulations  of  law.  These 
officials  are  ordinarily  selected  from  the  two  leading  par- 
ties. Challengers,  who  also  represent  parties,  are  allowed 
to  question  the  right  of  any  person  to  vote. 

After  the  polls  are  closed,  the  counting  of  votes,  or 
official  canvass,  takes  place.  Returns  from  the  election 
precincts  are  sent  to  the  city,  county,  and  district  can- 
vassing boards  to  be  tal)ulated.  The  results  are  then 
sent  to  the  State  canvassing  board.  Each  board  has 
authority  to  decide  which  candidates  are  elected  within 

*  Hence  the  term  "floaters"  for  purchasable  voters.  These  may  be 
"colonized,"  i.e.,  temporarily  located  in  a  certain  ward  for  voting  pur- 
poses. 


ELECTIONS  AND  PARTY  GOVERNMENT   47 

its  jurisdiction.  Certificates  of  election  are  issued  to 
successful  candidates,  and  thus  the  process  of  election 
is  completed. 

An  election  is  but  the  final  step  by  which  the  voters 
express  their  judgment  in  selecting  men  for  office.  Two 
other  steps,  both  vital  in  their  importance,  must  be  dis- 
cussed in  gaining  a  view  of  the  entire  process:  tnz.,  the 
making  of  nominations  and  the  management  of  political 
parties. 

The  work  of  nominating  candidates,  the  conducting  of  Party 

,.   .       ,  .  II  ,  -IP  commit- 

pontical  campaigns,  and  the  general  oversight  oi  party  tees. 
interests  in  an  election,  are  all  in  the  hands  of  a  series  of 
committees  organized  in  each  of  the  political  parties.  Thus, 
each  party  has  a  local  committee  in  every  towTi,  village, 
and  ward.  There  are  also,  for  each  party,  city  committees 
for  the  management  of  party  machinery  in  cities;  county 
committees;  a  State  committee,  which  controls  campaigns 
and  determines  party  policy  in  the  State;  and,  finally,  a 
National  committee  for  the  management  of  each  National 
party  organization.  Besides  these,  there  may  be  com- 
mittees for  each  State  Senate  and  Assembly  district,  and 
for  each  Congressional  district.  All  except  the  local  com- 
mittees are  appointed  in  the  party  conventions.* 

The  two  principal  methods  of  making  nominations  are 
(1)  the  caucus  and  convention  system  and  (2)  the  primary 
election  system.  Within  recent  years  the  latter  has  dis- 
placed the  former  in  many  of  the  States,  for  reasons  that 
will  be  stated. 

A  caucus,  or  primary,  is  a  meeting  at  which  all  the  The  caucus 
voters  of  a  party  in  a  town,  village,  or  ward  may  assemble. 
Before  the  election  of  town,  village,  and  ward  officers, 
caucuses  will  nominate  candidates  directly.     For  all  but 
these  local  elections   {i.e.,  for  the  nomination  of  county, 

*  This  account  represents  the  party  organizations  as  complete;  they 
are  not  so  in  many  parts  of  the  country. 


or  primary. 


48  ELECTIONS  AND  PARTY  GOVERNMENT 


Political 
conven- 
tions. 


Character- 
istics of 
the  system. 


Defects  of 

the 

system. 


State,  and  National  officers)  a  second  step  is  necessary; 
the  caucuses  choose  delegates  to  conventions  where  these 
nominations  are  made.  Thus,  before  a  general  election, 
we  have  county  conventions  for  the  nomination  of  county 
officers;  various  district  conventions,  where  candidates 
are  nominated  to  nm  for  the  State  legislature  and  for  the 
National  House  of  Representatives;  State  conventions, 
composed  of  delegates  chosen  at  county  or  district  con- 
ventions; and,  finally,  in  years  of  presidential  elections, 
there  are  still  other  series  of  caucuses  and  conventions, 
culminating  in  the  great  National  conventions,  where 
presidential  nominees  are  selected.     (See  p.  216.) 

Besides  nominating  candidates  for  offices,  the  various 
conventions  mentioned  elect  party  committees  and  adopt 
party  platforms.  The  platforms  contain  statements  of 
party  doctrine  and  pledges  of  party  policies. 

One  characteristic  of  the  caucus  and  convention  system 
is  that  the  mass  of  voters  participate  in  the  process  only 
in  the  town,  \illage,  or  ward  caucus.  Elsewhere,  they  are 
represented  by  delegates  or  committees.  In  conventions 
of  the  largest  units  (State,  Congressional  district,  and 
National  conventions)  the  delegates  are  twice  removed  from 
the  voters.  Another  feature  of  this  system  is  its  com- 
plexity. To  nominate  the  various  groups  of  officers  in  a 
"general  election"  year,  two,  and  sometimes  more,  series 
of  caucuses  and  conventions  are  held.  Because  of  these 
facts,  abuses  have  arisen  in  connection  with  this  method  of 
making  nominations. 

Usually  much  less  than  one-half,  and  in  many  places  less  than 
one-tenth,  of  the  voters  attend  the  primaries.  This  is  accounted 
for  by  the  indifference  of  some,  the  ignorance  of  others,  and  the 
inability  of  still  others  to  understand  the  complexities  of  this 
method  of  making  nominations.  Again,  caucuses  are  in  many 
instances  capable  of  being  manipulated  by  political  leaders  to 
suit  their  own  ends.  In  the  next  place,  there  is  no  assurance 
that  the  delegates  elected  by  a  caucus  will  fulfil  the  wishes  of 


ELECTIONS  AND  PARTY  GOVERNMENT  49 

a  majority  of  the  voters.  This  is  especially  true  when  conven- 
tions elect  delegates  to  still  other  conventions.  There  is  no 
way  of  holding  a  delegate  responsible  for  representing  accurately 
those  who  chose  him.  In  conventions,  then,  skilful  politicians 
may  bring  pressure  to  bear  upon  delegates  to  direct  their  votes 
from  the  line  of  public  into  that  of  private  interest.  This  may 
be  done  by  bribery,  by  the  trading  of  votes,  or  by  promises  of 
business  or  political  advantages. 

Because  of  these  abuses,  a  demand  arose  that  voters  The 
select  candidates  direcihj,  through  the  prhnary  election  sys-  election 
tem,  instead  of  indirectly  through  delegates.*  Where  this 
system  prevails,  nominating  conventions  are  abolished. 
Any  person  who  secures  a  certain  number  of  signatures 
to  a  petition  (or  "nomination  paper")  can  have  his  name 
placed  upon  the  party  ballot  that  is  used  at  the  primary 
election.  On  the  day  of  this  election,  each  voter  may 
vote  directly  for  the  men  whom  he  wishes  to  be  his  party's 
candidates  for  the  various  offices.  The  names  of  the  men 
who  receive  the  highest  number  of  votes  will  be  placed 
upon  the  official  ballot  used  in  the  regular  election. 

It  is  thought  that  through  primary  elections  (1)  candi-  its  advan- 
dates  will  more  truly  represent  the  choice  of  the  mass  of  ^^^^' 
voters  in  a  party;  (2)  that  because  they  vote  directly  for 
candidates  the  voters  will  take  more  interest  and  partici- 
pate more  freely  in  the  nominating  process;  and  (3)  that 
it  will  be  more  difficult  for  men  to  further  selfish  ends 
through  the  manipulation  of  a  few  delegates. 

*  "The  movement  was  in  part  a  democratic  one,  and  was  animated 
by  a  desire  for  wider  popular  participation  in  government.  In  this 
sense  it  was  a  part  of  a  broad  tendency  in  the  direction  of  popular 
control  over  all  the  agencies  of  politics.  The  referendum,  the  initiative, 
the  recall,  and  the  direct  primary  are  organic  parts  of  a  general  growth 
of  democratic  sentiment,  demanding  methods  by  which  more  direct 
responsibility  of  the  governor  to  the  governed  be  secured.  ...  In  the 
last  ten  years  [1898-1908]  about  two-thirds  of  the  States  have  enacted 
direct  primary  laws  of  various  types.  Some  of  these  laws  have  been 
obligatory  and  others  optional;  some  have  been  general  in  application 
and  others  merely  local." — Merriam,  Primary  Elections,  69-70. 


50   ELECTIONS  AND  PARTY  GOVERNMENT 


Nomina- 
tion by 
petition. 


The  work 
of  political 
parties. 


In  States  having  the  primary  election  system,  conven- 
tions are  still  held  for  the  purpose  of  selecting  party  com- 
mittees and  for  the  adoption  of  party  platforms.  Such 
conventions  may  be  composed  either  of  delegates  or  of  the 
candidates  already  nominated. 

It  will  be  noticed  that  both  of  the  nominating  systems  dis- 
cussed above  assume  that  candidates  represent  poUtical  parties. 
When  non-partisan  candidates  are  desirable,  then  another  method 
is  in  use — nomination  by  petition.  Any  person  securing  a  cer- 
tain number  of  signatures  to  his  petition  may  have  his  name 
placed  upon  the  election  ballot.  This  is  done  frequently  in  the 
election  of  judges  and  school  officers,  and  is  becoming  more 
common  in  city  elections.  For  voters  more  often  break  party 
lines  upon  city  issues  than  was  formerly  the  case. 

A  part  of  the  work  of  political  parties  is  referred  to  in  the 
preceding  paragraphs.  They  are  organizations  of  voters 
which  (1)  help  to  determine  public  policies  through  the 
adoption  and  carrying  out  (or  refusing  to  carry  out)  party 
platforms;  (2)  they  take  charge  of  the  nomination  of  can- 
didates for  office;  (3)  they  conduct  campaigns  in  order  to 
secure  victory  in  elections;  and  (4)  they  constantly  exert 
influence  upon  the  conduct  of  the  officers  who  make  and 
execute  our  laws.  It  would  seem  that  the  sole  object  of 
a  political  party  is  the  securing  of  certain  policies  in  gov- 
ernment through  the  election  of  certain  men  to  office;  and 
that  in  the  long  run  the  government  in  the  hands  of  the 
victorious  party  should  reflect  the  views  and  follow  the 
wishes  of  a  majority  of  the  voters  in  that  party.  But  these 
theoretical  propositions  are  subject  to  many  modifications 
in  practice.  Unfortunately,  the  absorption  of  the  voter 
in  his  private  affairs  makes  him  too  often  indifferent  to 
the  conduct  of  government.  In  the  second  place,  the 
great  body  of  voters  in  a  party,  even  if  they  have  the 
inclination,  have  very  inadequate  means  of  originating  a 
policy  or  impressing  their  views  upon  men  in  office.     The 


ELECTIONS  AND  PARTY  GOVERNMENT  51 

result  is  that  the  management  of  political  parties  falls  into 
the  hands  of  a  comparatively  feiv  men.  They  urge  policies 
upon  voters;  they  select  the  men  who  become  candidates; 
they  conduct  the  machinery  of  campaigns ;  and  they  either 
become  the  officers  themselves  or  control  those  persons  in 
office  whom  they  have  placed  there. 

A  few  men  can  control  a  political  party  by  thorough  a  few  men 
organization.  They  have  their  subordinates  in  different  control, 
localities,  and  these  in  turn  have  subordinates  who  carry 
out  orders  from  their  superiors.  A  thoroughly  organized 
body  of  political  workers  who  dominate  a  party  rn  this 
way  is  called  a  "machine."  Its  operations  are  generally 
directed  by  a  "ring"  or  a  "boss." 

Now,  the  motives  that  inspire  the  machine  and  the  Machine 
methods  it  employs  may  be  either  good  or  bad.  Organ- 
ization, leadership,  and  machinery  are  always  necessary 
to  secure  harmonious  action  in  bodies  of  men.  But  the 
opportunities  for  corruption  in  our  party  system  are 
many;  so  that  the  politicians  who  will  make  freest  use  of 
corrupt  means  to  gain  their  ends  are  very  apt  to  succeed, 
when  those  who  are  less  unscrupulous  will  fail.  Conse- 
quently, the  phrase  "machine  politics"  is  generally  under- 
stood as  referring  to  political  methods  that  have  little  to 
recommend  them,  if  they  are  not  thoroughly  bad. 

The  work  of  parties  cannot  be  accomplished  without  Corrupt 
the  expenditure  of  money — sometimes  the  sums  are  many  acis^.  "^^ 
thousands  of  dollars.  This  is  contributed  by  candidates, 
by  private  individuals,  and  by  the  representatives  of  busi- 
ness houses  and  corporations.  Here  is  one  important 
source  of  corruption  in  our  government;  for  those  who 
contribute  with  selfish  ends  in  view,  rather  than  from 
principle,  expect  rewards  at  the  expense  of  public  interest. 
So  great  have  evils  of  this  kind  become  that  many  "cor- 
rupt practices  acts"  have  been  passed  intended  to  check 
them.     Besides  providing  severe  punishment  for  bribery 


52  ELECTIONS  AND  PARTY  GOVERN]MENT 

and  the  buying  of  votes,  these  laws  require  the  publica- 
tion of  campaign  expenses  by  candidates.  In  some  States 
cor|:)orations  are  prohibited  from  making  campaign  con- 
tributions. Limiting  the  amount  that  may  be  contributed 
or  expended  is  another  way  of  combating  this  evil. 
The  voter's       All  sucli  laws  and  all  real  reforms  in  the  laws  regulating 

dutv  in  .11.  11  T-i         1  1  • 

politics.  parties  and  elections  are  excellent.  But  laws  and  consti- 
tutions merely  indicate  the  form  of  our  government;  its 
spirit  may  be  very  different  if  the  provisions  of  law  are 
nullified  in  practice.  Experience  shows  that  this  is  very 
liable  to  happen  wherever  the  mass  of  citizens  become  in- 
different to  the  conduct  of  public  affairs.  The  voter  can 
exert  his  influence  in  many  ways,  within  his  party,  for 
good  government.  He  can  sometimes  best  serve  his  party 
by  turning  against  it;  for  the  fear  of  such  independent 
action  may  restrain  party  leaders  when  nothing  else  will. 

Supplementary  Questions  and  References 

1.  In  your  State — 

What  are  the  times  fixed  for  elections? 

The  qualifications  of  voters  ? 

The  legal  regulations  governing  registration — the  ballot — 
provisions  for  secrecy — election  officers — the  oSicial  can- 
vass ? 

2.  What  method  of  making  nominations  is  most  usual  in  your 
State?  Are  other  methods  allowed?  What  are  the  advantages 
and  disadvantages  of  each  ? 

3.  Why  are  women  given  the  right  to  vote  in  school,  munici- 
pal, or  financial  matters  only,  in  some  States? 

4.  Do  you  believe  in  a  property  qualification  for  voters?  An 
educational  qualification  ? 

5.  Find  in  a  newspaper  almanac  the  list  of  States  that  pre- 
scribe educational  qualifications  for  voters;  also,  property  tests. 
In  what  States  have  women  been  given  full  suffrage? 

6.  The  laws  of  a  number  of  States  permit  the  use  of  voting 
machines.    See  Forum,  28  :  90-93. 


ELECTIONS  AND  PARTY  GOVERNMENT  53 

7.  Follow  in  detail  the  steps  leading  to  a  general  election  in 
your  State: 

(1)  Notices  of  election — when  and  by  whom  issued. 

(2)  Action  of  party  committees. 

(3)  INIethod  of  nomination  of  county  and  State  officers  and 
Representatives  in  Congress. 

(4)  Party  platforms. 

(5)  Conduct  of  the  campaign — raising  and  expenditure  of 
money — distribution  of  literature — political  speeches,  etc. 

8.  Should  women  be  given  the  full  right  of  suffrage  ?  Atl. 
Mo.,  96  :  750-759;  102  :  196-202;  Forum,  43  :  264-268;  Indept., 
58:1309-1311;  68:686-089;  N.  Am.  Rev.,  183:484-498, 
1272-1279;  186  :  55-71;  189  :  502-512;  190  :  158-169;  191  : 
526-536,  549-558;  Outlook,  82  :  167-178;  91  :  780-788;  Rev. 
of  R's,  36  :  479-482;   38  :  94-95;   39  :  626-627. 

9.  Negro  suffrage.  Atl.  Mo.,  88:433-437;  94:72-81; 
Indept.,  55  :  2021-2024;   Outlook,  87  :  529-531. 

10.  Nominating  Systems  and  Primary  Reform.  Arena,  35  : 
587-590;  Forum,  33  :  92-102;  42  :  493-505;  Outlook,  90  : 
383-389;  91  :  426-428. 

11.  Ballot  and  election  reform.  Indept.,  68  :  1020-1026; 
N.  Am.  Rev.,  189  :  35-42. 

12.  Our  party  system  is  discussed  in  Bryce,  II,  chapters 
53-75;  Bliss,  Encyclopedia  of  Social  Reform;  Beard,  American 
Government  and  Politics,  chapter  30. 


CHAPTER  VI 


PUBLIC  FINANCES 


Why  taxes 
are  neces- 
sary. 


Valuation 
of  property. 


The  operations  of  government  cannot  be  carried  on 
without  the  expenditure  of  money.  To  meet  this  expen- 
diture, those  who  are  benefited  by  the  protection  and 
security  that  government  affords  must  be  taxed.  More- 
over, as  the  functions  of  government  are  extended  to  in- 
clude the  furnishing  of  conveniences  and  the  maintenance 
of  institutions  that  instruct  and  elevate  the  people,  in- 
creased outlays  of  money  become  necessary,  and,  conse- 
quently, more  extensive  taxation.  The  raising  and  ex- 
penditure of  public  money  is,  then,  a  subject  of  the  greatest 
importance. 

State  and  local  governments  raise  money  in  various  ways, 
the  principal  ones  being  by  taxation  and  by  borrowing. 
Methods  of  taxation  will  first  be  treated. 

(1)  The  general  property  tax.  This  form  of  tax  exists 
in  all  the  States.  It  is  based  upon  the  theory  that  each 
person's  contribution  to  the  support  of  government  should 
be  in  proportion  to  the  amount  of  property  that  he  owns. 
The  first  step  in  determining  the  amount  of  taxes  he  shall 
pay  is  the  placing  of  a  valuation  upon  his  property;  this 
is  done  by  local  or  county  officers,  called  assessors. 

The  assessment  roll  contains  the  name  of  each  tax- 
payer, with  a  list  of  his  property  and  its  value.  State  laws 
usually  require  that  this  be  full  cash,  or  actual,  value; 
but  undervaluation  is  the  rule  rather  than  the  exception. 
Since  the  amount  of  an  individual's  taxes  depends  upon 
the  assessed  value  of  his  property,  it  is  natural  that  prop- 
erty-owners should  frequently  think  that  their  assess- 
ments are  too  high.     They  are  accordingly  allowed  to 

54 


PUBLIC  FINANCES 


55 


appeal  to  a  local  board,  which  has  the  power  to  review 
and  correct  assessment  rolls  by  lowering  or  raising  val- 
uations. The  board  may  also  add  to  the  list  of  property 
recorded  on  the  roll,  and  may  strike  out  property  that  is 
illegally  assessed. 

Now,  just  as  there  is  difficulty  in  fixing  satisfactorily  the 
valuation  of  each  individual's  property,  so  a  similar  difficulty  is 
experienced  in  adjusting  valuations  among  the  villages,  towns, 
and  cities.  For  the  county  and  State  taxes  that  each  local  unit 
must  pay  depend  upon  its  total  valuation.  Each  assessor  is 
tempted  to  keep  valuations  low  in  order  that  his  local  unit  may 
not  be  heavily  taxed.  To  remedy  this  difficulty,  a  county  board 
of  equalization  is  provided,  which  has  the  power  to  raise  and 
lower  valuations,  as  shown  in  the  assessment  rolls.  In  some 
States  this  board  may  change  individual  valuations;  in  others 
simply  the  total  valuation  of  each  local  unit.  Again,  we  have  a 
like  difficulty  in  the  next  step  of  the  process.  The  amount  of 
taxes  which  the  property-owners  of  a  county  will  be  called  upon 
to  raise  for  State  purposes  will  depend  upon  the  valuation  of 
the  property  in  the  county.  Consequently,  county  authorities 
are  apt  to  think  it  incumbent  upon  them  to  see  that  their  valu- 
ations are  low,  so  that  their  State  tax  will  be  low.  To  correct 
this  tendency  toward  undervaluation.  State  boards  of  equahza- 
tion  have  been  established  in  many  States,  with  power  to  re- 
view the  county  assessments  and  to  place  them  on  a  basis  of 
relative  equality. 

The  rate  of  taxation  is  determined  in  each  local  unit. 
To  the  total  amount  necessary  for  purposes  of  the  local 
government  is  added  its  share  of  the  State  taxes  that  this 
local  unit  must  bear.  This  sum  is  divided  by  the  total 
valuation  of  all  the  property  in  the  local  unit.  This  gives 
a  percentage  which  is  the  tax  rate.  Applying  this  rate 
to  each  person's  valuation  determines  the  amount  of  tax 
he  is  to  pay. 

The  property-owner  pays  taxes  but  once  each  year, 
and  he  seldom  knows  what  share  of  his  payment  goes 
toward  the  support  of  each  government  that  taxes  him. 
In  some  States  the  payment  is  made  to  the  local  treasurer, 


Equaliza- 
tion of 
valuations. 


How  the 
rate  of 
taxation  is 
calculated. 


Collection 
of  taxes. 


56 


PUBLIC  FINANCES 


Exemp- 
tions. 


How  this 
system 
works 
injustice. 


and  in  others  to  the  county  treasurer  or  collector.  When 
local  treasurers  collect  taxes  they  deduct  the  amount  raised 
for  local  purposes  before  sending  the  balance  to  the  county 
treasurer.  After  the  amount  levied  for  county  purposes 
has  been  kept  out,  the  county  treasurer  sends  the  balance 
to  the  State  treasurer,  and  thus  the  process  is  completed. 
The  failure  to  pay  taxes  renders  property  delinquent.  It 
may  then  be  seized  and  sold.  After  taking  the  amount 
due  for  taxes  and  expenses,  the  remainder,  if  any,  is  re- 
turned to  the  original  owner. 

Some  descriptions  of  property  are  quite  uniformly  ex- 
empted from  taxation;  such  are,  all  property  belonging  to 
Federal,  State,  or  local  governments,  and  the  property  of 
educational,  religious,  scientific,  and  benevolent  associa- 
tions. In  some  States,  also,  a  certain  amount  of  the  per- 
sonal property,  such  as  the  household  furniture,  of  each 
property-owner  is  exempt  from  taxation. 

The  faults  found  in  the  general  property  tax  system 
are  serious,  (a)  Undervaluation  is  very  common  and  pro- 
duces great  injustice.  If,  in  a  given  community,  all  prop- 
erty were  uniformly  imdervalued,  no  injury  would  result; 
this  would  simply  raise  the  rate.  But  certain  individuals 
may  secure,  either  through  fraud  or  error,  lower  valuations 
than  others  having  the  same  amount  of  property.  Again, 
the  man  of  small  property  is  more  likely  to  have  his  assess- 
ment placed  near  its  actual  value  than  is  the  man  of  wealth. 
The  assessment  of  property  is  more  accurate  in  farming 
communities  than  in  cities.  This  places  a  heavy  burden 
upon  the  farmer.* 

(6)  Another  evil  of  this  form  of  taxation  arises  from  the 
fact  that  personal  property  (jultc  generally  escapes  taxa- 
tion.    Property  is  divided  into  two  classes:    real  estate, 

*  It  was  estimated  by  a  California  commission  on  revenue  and  taxation 
that  the  farmers  paid  in  taxes  five  times  as  much  in  proportion  to  their 
income  as  was  paid  by  manufacturers. 


escapes 
taxation. 


PUBLIC  FINANCES  57 

which  includes  land  and  the  fixtures  thereon,  as  buildings  Most 
and  improvements;  and  personal,  which  includes  all  other  pr^e^y 
property.  Under  the  head  personal  property  are  placed 
furniture,  clothing,  jewelry,  merchandise,  farm  products, 
live-stock,  machinery,  books  and  pictures,  money,  stocks, 
bonds,  mortgages,  notes,  and  credits.  It  is  apparent  that 
manv  of  these  things  have  values  that  an  assessor  can- 
not  easily  ascertain  by  inspection;  other  articles  mentioned 
in  the  list  are  easily  concealed.  As  a  consequence,  the  ap- 
pearance of  personal  property  on  the  assessment  rolls,  and 
its  assessment  at  values  that  are  an}'where  near  actual 
value,  depend  upon  the  honesty  of  property-owners.  In 
most  States,  assessors  may,  and  in  some  States  they  must, 
take  a  sworn  statement  from  each  property-o\\Tier  as  to 
the  actual  value  of  his  property;  but  this  does  not  effec- 
tively correct  the  evil.  Those  who  make  complete  re- 
turns are  apt  to  be  of  the  poorer  class,  besides  trustees, 
administrators,  and  guardians  who  have  legal  control  of 
property  belonging  to  orphans,  widows,  and  dependent 
persons;  for  the  value  of  these  estates  is  a  matter  of  pro- 
bate court  record. 

It  is  apparent  that  our  general  property  tax  places  an 
unjust  burden  upon  the  poor,  the  rural  classes,  the  honest, 
and  the  helpless.  It  was  adopted  at  a  time  when  the 
distribution  of  property  was  more  equal  than  at  present, 
and  before  the  growth  of  large  cities  and  great  industries. 
These  new  conditions  demand  new  methods  of  taxation; 
but  no  single,  practical  substitute  has  been  discovered 
and  put  into  operation.  Public  interest  has  been  aroused 
upon  this  subject,  however,  and  some  of  the  methods  of 
taxation  next  discussed  are  intended  to  correct  the  ine- 
qualities of  the  property  tax. 

(2)  The  corporation  tax.     In  a  few  States,  a  general  cor-  Corpora. 
poration  tax  is  imposed  which  is  a  fixed  rate  on  the  capital 
stock,  or  the  earnings,  of  all  corjjorations  doing  business 


tion  taxes. 


58  PUBLIC  FINANCES 

in  those  States.  Again,  the  rules  of  taxation  applied  to 
different  classes  of  corporations  may  vary  in  the  same 
State.  The  taxation  of  railroad  property  by  local  authori- 
ties has  been  quite  generally  abandoned,  on  account  of 
the  inequalities  of  assessment  under  this  plan.  In  some 
States  a  special  board  values  all  railroad  property  in  the 
State;  in  others  this  property  is  not  taxed,  but  instead  a 
tax  is  laid  on  the  gross  earnings,  mileage,  or  capital  stock 
of  these  corporations.  Telegraph,  telephone,  express,  and 
insurance  companies  are  also  subject  to  special  taxes  based 
on  gross  receipts,  mileage  of  wires,  etc. 
Franchise  (3)  Franchise  taxes  are  becoming  increasingly  common 

in  the  States.  Individuals  and  corporations  operating 
water,  lighting,  and  street-car  plants  are  considered  as 
possessing  valuable  property  in  the  right,  vested  in  them 
by  their  franchises,  of  using  the  streets.  This  privilege, 
it  is  said,  as  well  as  their  tangible  property,  is  a  source 
of  their  income,  and  so  should  be  taxed. 
Reasons  (4)  Inheritance  taxes  are  especially  designed  to  reach 

tance  taxes,  the  property  of  the  very  wealthy.  It  is  believed  that 
large  fortunes  result  not  merely  from  individual  industry, 
but  quite  as  much  from  the  growth  of  the  communities 
where  they  are  accumulated.  Hence  the  community 
should  share  in  the  distribution  upon  the  death  of  the 
holder.  Again,  it  is  assumed  that  an  undue  proportion 
of  these  fortunes  escapes  the  property  tax;  also,  that  their 
perpetuation  in  the  hands  of  a  few  individuals  is  socially 
undesirable.  This  tax  is  easily  collected,  since  probate 
court  records  state  the  amounts  bequeathed.  The  rates 
are  usually  higher  on  collateral  bequests,  i.  e.,  those  de- 
scending to  others  than  the  immediate  family  of  the 
deceased.  In  some  cases,  also,  the  rates  become  higher 
as  the  amounts  bequeathed  become  greater.* 

*  In  a  law  of  Wisconsin  (1903)  the  rates  vary  from  one  per  cent,  to 
fifteen  per  cent.,  depending  upon  the  degree  of  relationship  and  the 
amount  inherited.     California  has  a  similar  law. 


PUBLIC  FINANCES  59 

(5)  The  income  tax  exists  in  a  few  States,  but  its  use  is  income 
being  extended  to  others.     It  also  is  intended  to  reach  the 
richer  classes,  since  an  exemption  is  always  provided  for 

the  smaller  incomes.  Here,  as  with  the  inheritance  tax, 
the  rate  should  be  made  progressive,  i.  e.,  the  larger  the 
amount  taxed,  the  higher  the  rate  of  taxation. 

(6)  The  poll  tax,  a  fixed  sum  payable  by  male  persons 
between  certain  ages,  is  collected  in  some  States,  though 
prohibited  in  others. 

(7)  Licenses.  The  greatest  amount  of  revenue  is  de- 
rived under  this  form  of  taxation  from  liquor  dealers.  In 
addition,  auctioneers,  showmen,  peddlers,  hackmen,  and 
draymen  often  pay  license  fees.  Besides  the  revenue 
gained,  the  governments  find  the  license  system  advan- 
tageous as  a  means  of  controlling  these  occupations. 

(8)  Government  revenue  is  also  derived  by  the  exaction  Fees, 
of  fees  for  the  performance  of  official  services.     These  fees 

are  frequently  a  perquisite  of  the  officer  performing  the 
services;  but  many  times  it  is  found  more  economical  to 
pay  the  ofiicer  a  salary  and  turn  the  fees  into  the  public 
treasury. 

(9)  In  cities,  we  find  the  practice  of  levying  special  Special 
assessments  upon  property  that  has  been  enhanced  in  value  ments. 
by  virtue  of  some  public  improvement,  as,  the  pavement 

of  a  street.  This  tax  may  be  made  to  cover  the  greater 
part  of  the  expense  involved  in  making  the  improvement. 

Such  are  the  various  forms  of  taxation  used  by  the  State 
and  local  governments  of  this  country.  Two  other  sources 
of  income  are  now  to  be  noted:   charges  and  borrowing. 

When  a  government  owns  property  that  is  used  by  Charges. 
individuals  or  corporations,  a  charge  is  made  that  be- 
comes a  part  of  public  revenue.  Under  this  head  come 
the  tolls  collected  for  the  use  of  roads,  bridges,  and  docks; 
the  income  derived  from  the  rent  of  land  and  water 
privileges;  and  the  charges  made  for  water,  for  lights,  and 


60 


PUBLIC  FINANCES 


Borrowing 
by  States 
and  cities. 


The 

appropria- 
tion of 
money. 


Auditing 
accounts. 


for  street-car  transportation  when  the  plants  furnishing 
these  conveniences  are  owned  by  municipalities. 

The  ordinary  process  by  which  a  government  borrows 
money  is  through  the  issuance  of  bonds.  These  are  prom- 
issory notes  bearing  interest.  It  is  customary  to  submit 
the  question  of  issuing  bonds  to  popular  vote.  The  his- 
tory of  the  debts  incurred  by  many  States  shows  the  lack 
of  wisdom  sometimes  displayed  in  this  matter.*  The 
bonded  indebtedness  of  cities  reaches  an  enormous  figure. 
This  seems  necessary  in  most  instances  in  order  that 
future  generations  may  share  in  the  expense  of  public  im- 
provements which  can  be  made  most  economically  at  the 
present  time. 

Money  brought  into  public  treasuries  by  taxation  and 
the  other  methods  described  is  subject  to  appropriation 
by  legislative  bodies:  town  meetings,  town  boards,  village 
and  county  boards,  city  councils,  and  State  legislatures. 
Lack  of  wisdom,  corruption,  and  extravagance  may  at- 
tend the  making  of  appropriations  by  these  authorities. 
Such  abuses  have  brought  about  the  enactment  of  consti- 
tutional restraints  upon  the  character  and  amounts  of 
appropriations  that  may  be  made.  The  debt  limitations 
that  are  found  in  many  State  constitutions  are  similar 
restraints. 

The  actual  expenditure  of  public  money  is  made  either 
by  committees  of  the  legislative  bodies  just  mentioned,  or 
by  executive  and  administrative  officers.  A  good  sys- 
tem of  public  accounts  requires  that  these  officers  shall  be 
directly  responsible  to  the  local  governing  board  or  to  a 
special  officer  called  comptroller  or  auditor.  The  accounts 
of  every  officer  who  handles  i)ublic  funds  should  be 
audited ;  the  sources  of  each  part  of  the  money  received  by 
him  should  be  correctly  acknowledged.     He  should  pre- 

*  The  raf^e  for  internal  improvements  about  1830  furnishes  an  example. 
American  History,  300,  311. 


PUBLIC  FINANCES  61 

sent  vouchers,  or  receipts,  for  every  amount  expended,  and 
each  expenditure  should  be  properly  authorized  by  law. 


Supplementary  Questions  and  References 

1.  In  your  State,  (a)  who  assesses  property  ?  (6)  how  are  assess- 
ments equalized?  (c)  by  whom  and  when  are  taxes  collected? 

2.  What  is  the  present  rate  of  taxation  in  your  locality  ?  What 
parts  of  this  rate  provide  for  local,  county,  State,  and  school  taxes 
respectively  ?  To  what  extent  is  there  undervaluation  ?  Does 
personal  property  bear  its  share  of  taxation?  What  remedies 
do  you  suggest  for  abuses  that  exist  in  these  matters?  What  is 
fundamentally  wrong? 

3.  What  forms  of  taxation  are  used  in  your  State  besides  the 
general  property  tax  ?     How  does  each  operate  ?     Is  it  successful  ? 

4.  Examine  the  financial  reports  of  your  local,  county,  and 
State  officers  to  ascertain  the  sources  of  revenue  and  the  pur- 
poses of  expenditure.  In  each  case,  what  is  the  process  of  audit- 
ing accounts? 

5.  For  general  descriptions  of  State  taxation  see  Bryce,  I, 
chapter  43;  Beard,  chapter  31;  Encyclopedia  of  Social  Reform, 
chapter  on  Taxation. 


CHAPTER  VII 


JUDICIAL  TRIALS 

Thus  far  in  our  study  of  government  we  have  had  in 
mind  chiefly  the  processes  by  which  laws  are  enacted, 
and  executed  or  administered.  If  all  men  could  agree 
upon  the  exact  meaning  of  these  laws,  and  if  all  were 
disposed  to  obey  them,  little  more  government  than  has 
been  described  would  be  needed.  Because  neither  of 
these  suppositions  is  true,  another  distinct  department  of 
government — the  judiciary — becomes  necessary. 

Civil  cases.  Cases  arise  through  differences  in  the  interpretation 
of  law  and  through  its  violation.  There  are  two  kinds 
of  cases,  civil  and  criminal.  When  one  party  to  a  suit 
(the  plaintiff)  brings  action  against  the  other  (the  de- 
fendant) for  the  protection  or  enforcement  of  a  private 
right,  we  have  a  civil  case.  Some  common  examples 
of  civil  cases  are  those  involving  questions  of  the  fulfil- 
ment of  contracts;  the  relations  of  employer  and  em- 
ployee; the  possession  of  property;  the  collection  of  debts ; 
and  the  validity  of  deeds  and  mortgages. 

In  a  criminal  case  it  is  charged  that  a  wrong  has  been 
committed,  in  most  instances  against  an  individual,  but 
of  such  a  nature  that  the  public  peace,  dignity,  and  secur- 
ity are  also  affected.  These  criminal  acts  are  defined  by 
law,  and  penalties  have  been  affixed  to  their  commission. 
At  the  same  time  the  injured  person  is  generally  entitled 
to  compensation,  or  damages,  for  the  wrong  he  has  re- 
ceived. Because  public  interests  suffer  from  the  commis- 
sion of  crime,  the  State  is  plaintiff  in  all  criminal  cases. 

Arrest.  The  methods  of  procedure  in  ordinary  cases  are  very 

similar  throughout  all  the  States.     In  a  criminal  case, 

G2 


Criminal 
cases. 


JUDICIAL  TRIALS 


63 


formal  complaint  must  first  be  made  before  a  justice  of 
the  peace  or  other  judicial  officer.  A  warrant  for  the 
arrest  of  the  supposed  criminal  will  then  be  issued.  The 
arrest  may  precede  these  steps  if  the  criminal  is  caught 
in  the  act.  If  the  crime  charged  is  a  minor  offence,  the 
trial  may  take  place  at  once  in  the  justice  or  municipal 
court.  A  more  serious  offence,  however,  must  be  tried 
in  a  higher  court — the  district,  circuit,  or  superior  court 
of  the  county. 

The  constitutions  of  most  States  provide  that  no  per-  The  grand 
son  shall  be  held  to  answer  for  a  criminal  offence  of  a 
serious  nature  unless  on  presentment  or  indictment  of 
a  grand  jury.  In  those  States,  the  justice  court  merely 
examines  into  the  evidence  sufficiently  to  ascertain  whether 
the  accused  shall  be  held  until  the  next  session  of  the  grand 
jurv'.  This  is  composed  of  from  twelve  to  twenty-three 
citizens  chosen  by  lot  from  the  co»-mty.  Its  sessions  occur 
at  stated  times  and  are  secret.  The  district  attorney 
presents  to  it  e\'idence  against  persons  supposed  to  have 
committed  criminal  acts,  and  witnesses  are  brought  be- 
fore it,  who  are  required  to  give  evidence.  If  there  is  indictment 
probability  of  guilt  in  any  instance,  the  person  charged  is 
indicted;  that  is,  he  is  held  for  trial.  He  may  be  impris-  BaU. 
oned,  or  released  on  bail.  A  bail-bond  is  signed  by  sure- 
ties, who  agree  to  forfeit  a  certain  sum  of  money  if  the 
prisoner  does  not  appear  at  the  trial. 

The  arrest  and  examination  of  accused  persons  by  a   Present- 

.  ment. 

local  justice  need  not  precede  the  action  of  the  grand  jury. 
The  district  attorney  often  produces  evidence  against  per- 
sons who  as  yet  stand  unaccused;  if  the  grand  jur}'  in- 
dicts them,  they  are  at  once  arrested.  The  grand  jury 
need  not  await  the  action  of  the  attorney,  but  may  proceed 
to  investigate  supposed  cases  of  wrong-doing.  If  it  con- 
cludes that  certain  persons  should  be  brought  to  trial  for 
offences,  they  are  presented. 


64 


JUDICIAL  TRIALS 


Petit  and 
trial  juries 


In  some  States  the  grand  jury  has  been  dispensed  with,  for 
ordinary  cases,  and  all  proceedings  preliminary  to  the  trial  are 
conducted  in  a  justice  court,  or  other  court  inferior  to  the  one 
having  jurisdiction  to  try  the  case.  These  proceedings  are  called 
the  preliminary  examination.  The  lower  court  is  given  authority 
to  decide,  after  hearing  the  evidence  presented,  whether  the  ac- 
cused shall  be  held  for  trial.  In  extraordinary  cases,  however, 
provision  is  made  for  calling  a  grand  jury. 

For  the  trial  of  cases  in  the  principal  court  of  a  county, 
a  'petit  jury  is  provided.  The  juries  are  summoned  by 
venire  and  are  obliged  to  be  in  attendance  at  the  court  dur- 
ing its  session.  When  a  case  requiring  a  jury  is  called,  a 
trial  jury  is  selected  by  lot  from  the  list  of  petit  jurors. 
As  the  names  of  these  are  drawTi,  any  juror  may  be  chal- 
lenged by  either  party  to  the  case.  He  will  be  excused  by 
the  judge  from  serving  on  the  trial  jury  if  good  reasons  are 
shown.  Each  side  is  allowed  to  reject  a  certain  number 
of  jurors  without  giving  reasons;  that  is,  by  peremptory 
challenges.  The  drawing  of  names  must  continue  until 
twelve  are  secured  who  are  eligible  to  serve  in  the  trial  of 
this  case. 

In  the  meantime,  witnesses  have  been  subpoenaed,  and 
the  case  begins  by  the  direct  examination  of  its  witnesses 
by  the  prosecution.  They  are  cross-examined  by  the  de- 
fendant's attorney,  and  the  testimony  of  the  defendant's 
witnesses  follows.  Then  come  the  arguments  of  the 
lawyers.  The  judge  charges  the  jury  as  to  the  law  that 
applies  in  the  case,  and  it  then  retires  from  the  court  to 
Verdict  and  decide  what  facts  have  been  proved  by  the  evidence.    The 

judgment.  .  .  ,  . 

verdict  of  the  jury  is  followed  by  the  judyment  rendered  by 
the  court.  If  found  guilty,  sentence  is  pronounced  against 
the  prisoner,  though  the  judge  may,  if  the  verdict  grossly 
violates  law  or  justice,  set  it  aside.  Execution  of  judg- 
ment is  the  carrying  out  of  the  court's  decision  by  the 
sheriff  or  other  executive  officer. 

Throughout  these  proceedings  the  presumption  favors 


The 

process 
of  trial. 


JUDICIAL  TRIALS  65 

the  innocence  of  the  prisoner;  the  State  must  prove,  be-  Appeals, 
yond  a  reasonable  doubt,  that  he  is  guilty.  The  judge 
decides  legal  questions  that  may  arise  concerning  the  con- 
duct of  the  trial.  Either  party  may  make  objections  to 
these  rulings,  and  the  defeated  party  may  make  its  excep- 
tions to  the  court's  decisions  the  basis  for  a  demand  for 
a  new  trial,  or  for  an  appeal  to  a  higher  court  on  vn-it  of 
error.  The  supreme  court,  or  court  of  appeal,  examines 
the  questions  of  law  that  are  involved,  and  either  confirms 
or  reverses  the  decision  of  the  lower  court. 

A  civil  case  is  begun  by  complaint  of  the  plaintiff  against  Trial  of 
the  defendant.  A  summons  is  issued,  calling  the  defend- 
ant to  appear  in  court  and  make  answer  to  the  complaint. 
Cases  involving  small  sums  of  money  are  tried  in  justice 
courts,  and  here  the  trial  is  sometimes  without  a  jury, 
or  with  a  jury  of  only  six  men.  Cases  involving  larger 
amounts  are  tried  in  the  principal  court  of  the  county, 
where  the  procedure  is  quite  similar  to  that  described  in  a 
criminal  case.  In  the  execution  of  a  judgment  against 
the  property  of  a  person,  the  constable  or  sheriff  has  power 
to  seize  and  sell  all  property  that  is  not  exempt. 

It  is  sometimes  claimed  by  one  party  to  a  case  that  Change  of 
the  community  where  the  case  arises,  or  the  judge  before 
whom  it  is  to  be  tried,  is  prejudiced  to  a  degree  that  ren- 
ders an  impartial  trial  impossible.  A  change  of  venue  may 
then  be  granted;  the  case  is  carried  to  another  court,  or 
another  judge  is  called  in  to  preside  at  the  trial. 

Many  problems  have  arisen,  in  connection  with  the  ad-  The  en- 

...  »..  T  1  11  •  iii*  forcement 

mmistration  of  justice,  that  demand  the  senous  attention  of  lav.-. 
of  citizens.  Some  of  these  we  shall  consider.  (1)  When 
the  violation  of  law  is  a  matter  of  common  knowledge  in  a 
•community,  and  no  one  is  accused  and  held  to  answer, 
who  is  responsible  ?  The  basis  of  a  warrant  of  arrest  is  a 
complaint,  containing  a  specific  accusation,  and  accom- 
panied by  the  statement  of  the  complainant,  imder  oath, 


66 


JUDICIAL  TRIALS 


Difficulties 
in  law 
enforce- 
ment. 


The  law's 
delays. 


that  in  his  opinion  the  accused  is  guilty.  Now,  it  is  the 
sworn  duty  of  officers  to  obtain  the  information  upon 
which  a  complaint  may  be  based,  whenever  they  know  or 
have  reason  to  suspect  that  the  law  has  been  violated. 
If  they  persistently  neglect  this  duty,  the  sentiment  of  the 
community  should  compel  its  performance.  But  at  times 
the  public  conscience  becomes  so  blunted  that  officers  ac- 
cept or  even  extort  payments  from  law-breakers  for  shield- 
ing them  from  punishment. 

Not  officers  alone,  but  any  citizen  may  make  a  complaint. 
But  private  citizens,  particularly  those  who  are  most 
anxious  to  see  the  strict  enforcement  of  law,  find  it  diffi- 
cult to  discover  sufficient  evidence  upon  which  to  make 
a  sworn  statement.  Besides,  the  prosecution  of  criminals 
by  persons  who  do  not  directly  suffer  injury  from  the 
criminal  acts,  is  likely  to  cause  criticism  that  is  distaste- 
ful and  hard  to  bear.  It  is  much  easier  for  the  average 
citizen  to  let  such  matters  alone,  and  attend  to  his  own 
private  business.  In  the  meantime,  public  funds  may 
be  stolen,  or  the  health  of  the  community  threatened,  or 
its  youth  put  in  danger  of  moral  corruption — all  for  lack 
of  a  complaint,  specific  in  its  accusations,  and  supported 
by  definite  evidence.  These  reasons  most  frequently 
answer  the  question,  "Why  is  not  the  law  enforced?" 
At  the  bottom,  it  is  a  question  of  public  conscience.  In 
communities  where  a  low  moral  standard  prevails,  a  few 
determined  leaders,  willing  to  sacrifice  time,  labor,  and 
comfort  for  the  public  good,  have  sometimes  aroused  the 
entire  public  to  action.  No  service  to  the  community 
could  be  more  commendable  than  this. 

(2)  Other  causes  for  discontent  with  our  judicial  sys- 
tem arise  in  connection  with  court  i)rocedure.  There  is 
sometimes  the  delay  of  justice  through  the  postponement 
of  cases  for  trivial  reasons.  Criminal  cases  may  drag 
along  for  months  until  public  interest  subsides.     In  civil 


JUDICIAL  TRIALS  67 

cases  a  wealthy  litigant  may  secure  postponements  until 
the  resources  of  his  poorer  opponent  are  exhausted. 

(3)  The  course  of  a  trial  in  its  various  stages  and  some-  Technical- 
times  the  final  decisions  of  judges  are  too  often  determined   law! 
upon  grounds  that  are  purely  technical.    That  is,  the  pro- 
cedure or  the  decision  follows  some  arbitrary  rule,  rather 

than  doing  justice  according  to  the  facts  in  the  case. 
Many  criminals  escape  punishment  in  this  way. 

(4)  Much  evil  in  trials  comes  from  the  sharp  practices  Legal  com- 
indulged  in  by  attorneys.     These  men  are  sometimes  em-  ^  "^'^  '°"^' 
ployed  by  those  who  can  afford  to  pay  the  highest  salaries, 
apparently  for  the  purpose  of  finding  loop-holes  in  the 

law  and  defeating  its  real  purpose.  This  evil,  as  well  as 
others  mentioned,  are  possible  partly  because  our  legal 
system  and  our  methods  of  conducting  trials  are  unneces- 
sarily complicated. 

(5)  Miscarriage  of  justice  can  in  some  cases  be  charged 
against  judges,  but  this  is  quite  exceptional.  However, 
the  short  terms  and  small  salaries  of  these  officers  subject 
them  frequently  to  temptation. 

(6)  Numerous  evils  have  crept  into    the   administra-  The  jury 
tion  of  the  jury  system.     The  local  officers  who  make  the  ^^^  ^'"' 
original   lists   from   which   petit  jurors   are   drawn,   are 
sometimes  influenced  in  the  selection  of  names  by  politi- 
cal considerations  or  by  the  pressure  of  business  interests. 

In  this  way  a  jury  may  be  "packed"  in  favor  of  one  of 
the  parties  to  the  suit.  The  old  method  of  making  jury  some 
lists  has  been  superseded  in  some  States  by  the  appoint- 
ment of  jury  commissions  composed  of  prominent  citizens 
of  the  county,  who  make  the  lists  imder  supervision  of  the 
court.  Again,  many  citizens  who  are  most  competent  to 
serve  on  juries,  shirk  the  duty,  giving  trivial  excuses  or 
paying  fines  to  escape  performing  the  service.  AVhen  a 
panel  of  petit  jurors  is  exhausted,  talesmen  are  summoned 
from  the  by-standers — a  practice  which  is  apt  to  admit 


68 


JUDICIAL  TRIALS 


Good 

features  of 
the  jury 
sj'stem. 


men  who  are  wholly  unfit  for  jury  duty.  Cases  of  direct 
jury  bribery  are,  unfortunately,  too  common,  especially  in 
large  cities.  They  are  also  very  difficult  to  detect.  Public 
opinion  should  be  extremely  intolerant  of  this  crime. 

It  is  almost  a  universal  custom  to  require  unanimity  in 
the  decision  of  juries;  *  thus  one  man  may  cause  a  case 
to  fail  of  decision.  While  this  is  generally  considered  a 
wise  provision  in  criminal  cases,  it  many  times  results  in 
the  defeat  of  justice. 

It  will  be  noticed  that  many  of  the  evils  mentioned  in 
connection  with  the  jury  system  are  accounted  for  by  bad 
administration  of  its  details.  The  central  idea  of  the 
system — the  participation  of  citizens  in  the  legal  process 
of  determining  justice — is  of  very  ancient  origin.  It  was 
brought  from  England  by  the  colonists,  embodied  in  their 
legal  codes,  and  inherited  by  both  State  and  National 
governments.  The  publicity  which  trial  by  jury  gives  to 
legal  procedure,  and  the  educational  influence  upon  those 
who  participate  in  its  workings,  are  advantages  of  great 
weight  in  its  favor.  Moreover,  it  is  so  firmly  fixed  in  our 
legal  and  social  fabric  that  its  abolition  would  be  a  most 
radical  measure.  This  fact  renders  imperative  the  cor- 
rection of  abuses,  wherever  they  may  be  found,  and  the 
restoration  of  a  pure  ideal,  in  order  that  the  jury  system 
may  not  become  a  decadent  institution. 
Lynch-iaw.  No  failure  of  government  is  more  deplorable  than  the 
failure  of  justice.  There  have  been^times  when  communi- 
ties, exasperated  by  the  feeble  efforts  of  officers  and  courts 
to  bring  violators  of  law  to  justice,  have  resorted  to  "  lynch- 
law"  as  a  remedy.  This  sets  an  example  of  lawlessness, 
the  evil  influence  of  which  far  outweighs  any  attendant 
good. 


*  In  Nevada,  Utah,  California,  and  a  few  other  States,  a  decision  may 
be  rendered  by  three-fourths  of  a  jury  in  a  civil  case.  In  Idaho,  flve- 
sixths  of  the  jury  may  render  a  decision. 


JUDICIAL  TRIALS  69 

Many  legal  controversies  never  appear  in  courts,  be-  Arbitra- 
cause  they  are  adjusted  between  the  parties  concerned 
through  the  efforts  of  the  attorneys.  Other  disputes  are 
voluntarily  submitted  to  arbitrators  by  whose  decision 
the  disputants  agree  to  abide.  If  more  cases  could  be 
settled  out  of  court,  much  expensive  litigation  would  be 
avoided,  and  the  cause  of  justice  would  not  suffer.  Efforts 
have  been  made  to  establish  courts  of  conciliation  in  some 
States,  but  with  little  success. 

Supplementary  Questions  and  References 

1.  What  guarantees  are  contained  in  the  constitution  of  your 
State  safeguarding  the  rights  of  accused  persons?  Are  similar 
rights  secured  in  all  countries? 

2.  As  illustrating  the  process  of  trial,  obtain  and  fill  out  blank 
forms  for  complaint,  warrant  of  arrest,  search  warrant,  subpoena, 
venire,  execution,  indictment. 

3.  Is  the  grand- jury  system  the  best  method  of  bringing 
offenders  to  trial? 

4.  What  is  the  established  method  of  selecting  petit  jurors  in 
your  State?  Can  you  suggest  improvements?  Visit  a  court 
while  in  session,  and  observe  the  selection  of  a  trial  jury;  also^ 
the  examination  of  witnesses.  What  fees  are  paid  to  witnesses 
and  jurymen? 

5.  Find  the  meaning  of  the  following  terms:  Damages,  costs, 
stay  of  execution,  injunction,  certiorari,  habeas  corpus  (see  p. 
209),  quo  warranto,  mandamus. 

6.  Topics  in  this  chapter  are  treated  in  Bryce,  I,  chapter  42; 
Beard,  chapter  26.     Encyclopedia  of  Social  Reform. 

7.  President  Taft.  Delays  and  defects  in  the  enforcement 
of  law  in  this  country,  N.  Am.  Rev.,  187  :  851-861;  see  also 
Outlook,  86  :  321-327.  Arena,  32  :  471-480;  Atl.  Mo.,  97  : 
502-508;  World's  Work,  13  :  8221-8226. 

8.  The  jury  system.  Rev.  of  R's,  37  :  607-608;  Arena,  33  : 
510-513. 

9.  The  swiftness  of  justice  in  England,  N.  Am.  Rev.,  188  : 
26-39. 


CHAPTER  VIII 


The  sup- 
port of 
paupers. 


Out-door 
relief. 


CHARITABLE  AND  PENAL  INSTITUTIONS 

The  support  of  the  destitute  falls  first  upon  their 
near  relatives;  when  this  resource  fails,  public  charity 
becomes  necessary.  Much  the  greatest  part  of  public 
relief  is  given  by  local  governments.  Where  the  town 
system  is  strong,  the  work  is  in  charge  of  the  tovm  board 
or  of  a  special  towTi  officer.  In  the  South  the  county 
commissioners,  or  other  county  officers,  administer  relief. 
In  many  States,  particularly  in  the  West,  both  town  and 
county  are  interested. 

Two  general  methods  of  dispensing  alms  are  practiced. 
(1)  Out-door  relief  means  the  giving  of  aid  at  the  home 
of  the  pauper.  This  is  a  convenient  method  in  cases  of 
temporary  want,  and  in  the  relief  of  persons  who  are  par- 
tially self-supporting.  Many  local  governments  make  a 
practice  of  giving  goods,  or  orders  for  goods,  to  paupers. 
In  rural  commimities,  where  the  circumstances  surround- 
ing every  family  are  well  known,  this  method  of  relief 
works  satisfactorily.  But  in  cities,  and  in  the  administra- 
tion of  relief  by  county  officers,  it  is  possible  for  individuals 
to  impose  upon  the  public  by  securing  aid  when  it  is  not 
deserved.  The  evil  here  is  not  only  that  of  stealing  from 
the  public  treasury,  but  also  the  evil  of  pauperizing  the 
individual  and  the  family.  This  is  a  place  for  investiga- 
tion and  reform  in  many  communities.  Sentimental  ideas 
of  charity  and  loose  business  methods  sometimes  cause 
the  harm  of  out-door  relief  to  over-balance  the  good  ac- 
complished. 

70 


CHARITABLE  AND  PENAL  INSTITUTIONS  71 
(2)  In-door  relief.     Towns  frequently  pay  for  the  sup-   in-door 

.  .  ,  ,  relief. 

port  of  their  poor  in  private  houses;  and  paupers  are 
sometimes  bound  out  to  service  on  contract.  But  alms- 
houses, or  poor-houses,  become  necessary  when  the  number 
of  paupers  is  large.  These  are  most  usually  maintained 
by  counties  and  cities.  When  a  poor-house  is  located  on  a 
farm,  and  when  the  inmates  are  kept  employed  in  farming 
and  other  industries,  these  institutions  become  most  help- 
ful, and  may  also  be  partially  or  wholly  self-supporting. 
The  establishment  of  a  poor-house  sometimes  has  the 
effect  of  decreasing  the  number  of  paupers  who  apply  for 
aid  from  a  county. 

Within  recent  years  it  has  been  generally  recognized   Dependent 

11  •  1  -iiii        children. 

that  children  should  not  be  kept  in  poor-houses  with  adults, 
since  such  surroundings  are  exceedingly  demoralizing  to 
child-nature.  There  are  often  State  schools  for  depend- 
ent children,  where  education  and  some  form  of  industrial 
training  are  provided  for  the  inmates.  Cities  also  have 
parental  schools.  Efforts  are  made  to  secure  the  adoption 
of  these  children,  when  of  suitable  age,  into  families. 

For  the  sick  and  injured,  medical  attendance  is  pro-   Hospitals. 
vided  by  local  governments.     In  the  cities,  hospitals  are 
maintained  at  public  expense. 

The  question  of  providing  for  the  unemployed  in  times  The 
of  temporary  distress  is  particularly  difficult  in  the  large   ployed. 
cities.     It   seems   necessary,   at   times,    to   establish   free 
soup-kitchens  and  agencies  for  the  distribution  of  food 
and  clothing.     Cities  have  sometimes  provided  employ- 
ment upon  public  works  in  such  cases. 

It  is  often  difficult  to  distinguish  between  the  homeless  The  tramp 

.  ,  ,         problem. 

seeker  for  employment  and  the  professional  tramp,  who 
might  rather  be  included  among  the  criminal  classes. 
But  in  most  places  both  are  treated  in  the  same  way;  that 
is,  they  are  fed  at  the  back  doors  of  homes  where  they 
apply  for  help.     The  local  government  frequently  gives 


72  CHARITABLE  AND  PENAL  INSTITUTIONS 


Defectives. 


The  insane. 


these  vagrants  food  and  lodging  and  then  sends  them  on 
to  the  next  town.  Or,  they  may  be  arrested  for  vagrancy 
and  sentenced  to  a  term  of  imprisonment.  Often  the 
city  or  county  keeps  them  during  the  winter  in  a  poor- 
house  or  municipal  lodging-house  and  releases  them  as 
warm  weather  approaches.  None  of  these  methods  of 
treatment  is  satisfactory  because  no  effort  is  made  to  test 
the  vagrant's  desire  to  obtain  work,  or  to  deter  him  from 
continuing  to  lead  a  life  of  laziness  and  dependence  on 
charity.  Cities  that  have  established  wood  and  stone 
yards,  in  which  the  applicant  for  assistance  is  compelled 
to  earn  at  least  a  part  of  his  support,  find  the  number 
of  tramps  considerably  decreased. 

The  support  of  the  poor  seems,  at  first  glance,  one  of 
the  simplest  operations  of  government,  but  we  have  seen 
that  numerous  difficulties  are  involved.  How  can  we  aid 
the  deserving  poor,  and  at  the  same  time  avoid  making 
them  less  willing  or  able  to  support  themselves?  The 
same  question  is,  or  should  be,  prominent  in  all  cases  of 
private  charity;  for  if  charity  is  unwisely  given,  it  pau- 
perizes the  recipient  and  makes  the  evil  we  are  trying  to 
cure  greater,  rather  than  less. 

By  the  defective  classes  is  meant  the  blind,  deaf,  and 
feeble-minded.  These  unfortunate  persons  are  educated 
in  public  institutions.  Public  control  of  defectives  is  nec- 
essary on  the  grounds  of  education,  public  health,  and 
public  security.  Because  of  the  relatively  small  numbers 
included  and  the  special  treatment  that  is  required,  it 
is  most  economical  for  the  State,  rather  than  for  the  local 
governments,  to  care  for  them.  Hence  we  have  the  ex- 
cellent State  institutions  for  the  blind,  the  deaf  and  dumb, 
the  in.sane,  and  the  feeble-minded. 

In  no  way  can  we  measure  the  growth  of  the  humani- 
tarian spirit  during  the  nineteenth  century  better  than 
by  contrasting  earlier  with  present  methods  of  treating 


CHARITABLE  AND  PENAL  INSTITUTIONS  73 

the  insane.  Formerly  they  were  regarded  as  criminals, 
confined  in  foul  prisons,  and  brutally  treated.  Insanity 
is  now  regarded  as  a  disease,  and  scientific  treatment  re- 
sults in  the  curing  of  a  large  proportion  of  the  cases. 
Laws  quite  uniformly  require  judicial  procedure  for  the 
committal  of  an  insane  person  to  an  asylum.  These  in- 
stitutions are  conducted  either  by  the  local  or  the  State 
government.  In  State  hospitals  the  conditions  are  most 
favorable  for  the  treatment  of  those  who  should  be  under 
the  physician's  care. 

Within  recent  years  a  score  of  States  have  established  The  feeble- 
asylums  for  feeble-minded  children,  where  they  receive 
proper   educational   and    industrial   training.     In  a  few 
States  there  are  homes  for  epileptics. 

It  was  formerly  usual  to  have  each  charitable  insti-  state 

...  ,  11*1  jj?     boards  of 

tution  of  a  State  admmistered  separately  by  its  board  or  charities. 
directors  or  trustees.  At  present,  however,  central  boards 
of  charities  exist  in  most  States.  These  are  of  two  kinds: 
(1)  Advisory  boards,  that  merely  inspect  and  report  recom- 
mendations, each  institution  having  its  own  board  of 
trustees.  Such  boards  are  most  common,  and  are  com- 
posed of  unsalaried  officers.  (2)  A  board  of  control 
may  administer  the  entire  charitable  system  of  the  State, 
and  appoint  a  superintendent  for  each  institution.  Such 
boards  are  also  given  power  to  inspect  the  construction 
and  control  of  local  poor-houses,  jails,  and  asylums.  The 
officers  of  these  boards  are  salaried.  The  advantage  of 
the  system  of  central  control  is  that  through  it  the  influ- 
ence of  high  ideals  and  scientific  methods  may  be  felt  in 
the  local  institutions. 

Methods  of  punishing  criminals  have  undergone  great  old  meth- 
changes  since  the  establishment  of  the  older  State  gov-  punish- 
emments.     At  the  beginning  of  the  nineteenth  century 
the  clipping  of  ears,  branding  with  a  hot  iron,  the  stocks, 
and  the  pillory  had  not  entirely  disappeared.     Prisons 


74  CHARITABLE  AND  PENAL  INSTITUTIONS 


Modem 
prisons. 


Release  on 
parole. 


Reforma- 
tories. 


Were  foul  pens.  But  the  barbarous  mutilation  and  public 
exposure  of  early  times  have  passed  away,  and  prisons 
are  now  conducted  with  some  regard  to  the  health  and 
comfort  of  the  prisoners.  Instances  are  found  in  the 
excellent  provisions  for  securing  the  good  health  of 
the  inmates;  for  it  is  recognized  that  an  unsound  phys- 
ical condition  is  often  the  foundation  of  a  criminal 
nature. 

We  now  reject  that  theory  of  punishment  which  con- 
siders its  only  end  to  be  retribution.  The  principle  is 
generally  accepted  that  for  the  protection  of  society  the 
criminal  must  not  be  merely  confined  and  punished,  but 
reformed  as  well.  Some  practices  introduced  into  State 
prisons  indicate  the  progress  of  this  idea.  Prison  libraries, 
reading-rooms,  and  study  classes  give  convicts  a  chance 
for  mental  improvement.  Very  commonly,  good  conduct 
on  the  part  of  the  prisoner  will  result  in  a  reduction  of  his 
term  of  imprisonment.  It  has  been  urged  that  no  fixed 
term  of  confinement  should  be  set,  but  that  the  convict 
should  be  held  in  prison,  until,  in  the  judgment  of  the 
authorities,  he  is  fit  to  be  at  large.  This  system  is  called 
the  indeterminate  sentence  and  has  been  generally  adopted 
in  reformatories,  besides  applying  in  some  States  to  prison 
sentences. 

In  some  States  the  prisoner  may  be  released  on  ]^arole 
or  probation.  He  must  find  employment,  avoid  bad  asso- 
ciations, and  report  periodically  to  a  parole  officer. 

Great  evil  is  wrought  through  the  association  in  prisons 
of  first  off'enders  and  persons  of  slight  criminal  tendencies 
with  hardened  criminals.  For  this  reason  we  have  State 
reformatories  and  industrial  schools  for  boys  and  girls. 
Here  they  are  given  an  cducati(m  and  taught  useful  trades. 
Recently,  in  some  States,  the  younger  and  less  hardened 
offenders  among  the  men  have  been  assigned  to  separate 
institutions  where  conditions  are  made  as  favorable  as 


CHARITABLE  AND  PENAL  INSTITUTIONS  75 

possible  for  their  reformation.     If  they  show  themselves 
incorrigible,  they  are  returned  to  the  State  prison. 

Recent  years  have  seen  the  growth  in  cities  of  juvenile  juvenile 
courts.  It  is  recognized  that  most  children  in  committing 
illeffal  acts  are  not  intentionally  criminal.  The  child's 
home,  his  training,  and  his  environment  are  responsible 
for  his  misconduct.  It  results  from  misdirected  energy 
which  cannot  find  a  proper  outlet  because  of  the  lack  of 
opportimity  to  play.*  To  arraign  him  in  the  police  court 
is  not  only  injustice,  but  may  lead  to  further  steps  in  a 
criminal  career.  "In  the  juvenile  courts  children  are 
taken  out  of  a  purely  criminal  process  and  committed  to 
one  which  is  educational,  and  the  court  becomes  part  of 
the  child-saving  community." 

It  is  generally  agreed  that  the  confinement  of  prisoners  with-  Systems 
out  occupation  is  both  cruel  and  demoralizing.  Several  sys-  faborf"" 
tems  of  prison  labor  have  therefore  been  tried.  1.  The  lease 
system,  common  in  some  States,  permits  the  sale  of  prison  labor 
to  the  highest  bidder.  The  prisoners  may  be  employed  either 
within  or  without  the  prison,  and  are  subject  to  the  control  of 
their  employers.  In  many  instances  they  are  employed  in  work- 
ing mines  and  quarries,  living  in  penal  camps,  where  one  would 
scarcely  expect  to  find  them  surrounded  by  the  proper  reforma- 
tory influences.  2.  Under  the  contract  system  the  labor  is  per- 
formed within  the  prison,  under  the  usual  prison  discipHne. 
Some  form  of  manufacturing  is  carried  on,  the  contractors  fur- 
nishing the  foremen,  the  materials,  and  to  some  extent  the  tools 
and  machinery.  They  pay  a  stipulated  price  for  each  day's 
labor  performed  by  the  prisoners.  3.  The  piece-price  system 
leaves  the  work  of  prisoners  under  the  super\dsion  of  prison 
officials,  the  contractors  agreeing  to  furnish  the  materials  and 
to  pay  a  specified  price  for  each  piece  of  the  finished  product. 
4.  Under  the  public  account  system  the  State  conducts  the  entire 
process  of  manufacture,  as  an  individual  might,  disposing  of  the 
product  on  the  market. 

*  "  Over  half  the  arrests  of  children  in  New  York  city  are  for  playing 
games — in  the  streets."     Outlook,  97  :  135. 


76  CHARITABLE  AND  PENAL  INSTITUTIONS 

The  pre-  In  the  administration  of  charitable  and  penal  laws  we 

vention  of  ... 

crime  and     are  at  present  concerned  chiefly  with  relief,  punishment, 

pauperism.  •,       »  . 

and  reformation.  But  the  systems  employed  too  often  tend 
to  perpetuate  the  evils  we  wish  to  cure.  With  the  spread 
of  more  rational  ideas  concerning  pauperism  and  crime, 
public  attention  must  be  directed  toward  the  prevention  of 
both.  As  population  becomes  more  dense  in  the  United 
States,  the  problems  assume  greater  proportions.  We  have 
found  State  control  the  most  satisfactory  method  of  man- 
aging the  greater  part  of  the  curative  processes;  it  may 
be  suggested  that  the  proper  preventive  measures  are 
largely  matters  for  private  and  local  support.  But  the 
further  study  of  this  subject  comes  more  properly  within 
the  field  of  sociology  than  within  that  of  government. 


Supplementary  Questions  and  References 

1.  What  methods  of  public  and  of  private  charity  are  em- 
ployed in  your  community?  Is  there  careful  examination  into 
the  merits  of  cases?  Is  there  duplication  of  charities?  Which, 
the  public  or  the  voluntary  work,  is  on  the  whole  more  effective  ? 

2.  What  is  your  remedy  for  the  tramp  problem?  See  Rev. 
of  R's,  37  :  20&-212;  39  :  311-316. 

3.  OutHne  the  system  of  State  charities  in  your  State.  Can 
you  suggest  improvements? 

4.  Many  old  forms  of  punishment  are  described  in  Earle, 
Curious  Punishments  of  By-gone  Days. 

5.  What  was  the  condition  of  prisoners  at  the  beginning  of 
the  nineteenth  century?  McMaster,  History  of  the  United 
States,  I,  98-104.  When  did  prison  reform  come  about  ?  Amer- 
ican History,  p.  304. 

6.  What  are  the  effects  of  exposing  offenders  to  public  gaze? 

7.  Do  reformatories  reform  ?     Outlook,  89  :  806-810. 

8.  What  is  the  penal  system  of  your  State?  Look  up  the  re- 
ports of  State  oflBcers  having  charge  of  penal  and  charitable 
institutions. 


CHARITABLE  AND  PENAL  INSTITUTIONS  77 

9.  The  indeterminate  sentence,  Indept.,  58  :  1052-1056. 

10.  For  topics  in  this  chapter  see  Encyclopedia  of  Social  Re- 
form; Wright,  Practical  Sociology;  Reports  of  Conferences  of 
Charities  and  Corrections. 


CHAPTER  IX 


EDUCATIONAL  SYSTEMS 


School 
systems  are 
mainly 
under  local 
control. 


The  district 

school 

system. 


The 

township 

system. 


The 

advantages 
of  this 
plan. 


The  maintenance  of  public  schools  is  a  function  of 
the  State  governments.  Though  the  National  government 
has  aided  in  this  work,  as  we  shall  see,  its  authority  does 
not  extend  over  our  systems  of  elementary  and  higher 
schools. 

The  States  have  left  the  regulation  of  school  affairs  chiefly 
to  the  local  governments — counties,  towns,  cities,  and 
school  districts;  but  they  still  exercise  more  or  less  control 
over  the  school  systems.  There  is  great  variety  of  ar- 
rangements for  the  conduct  of  school  government  in  the 
different  States,  so  that  a  general  description  is  almost 
impossible.     Three  types  may,  however,  be  distinguished. 

(1)  ^Yhere  the  pure  district  type  exists,  each  district 
supporting  a  single  school,  the  chief  authority  resides  in 
meetings  of  voters.  These  are  similar  to  town  meetings, 
but  are  held  at  a  different  time,  since  school  business  is 
kept  distinct  from  town  affairs.  A  small  school  board  is 
elected,  and  school  taxes  are  levied. 

(2)  The  town  or  township  system  gathers  all  the 
schools  of  a  towTi  under  one  authority;  this  may  be  a  town 
meeting  of  voters  for  school  purposes,  or,  districts  may  be 
retained  as  subdivisions  of  the  town,  with  a  school  in  each. 

The  township  school  system  has  some  points  of  advan- 
tage, since  under  it  there  are  fewer  schools  and  these  can 
be  better  graded  and  equipped.  Higher  salaries  and  bet- 
ter teachers  are  other  advantages.  Sometimes  the  town- 
ship has  but  one  school,  centrally  located.  The  difficulty 
of  the  school's  distance  from  the  homes  of  the  pupils  has 

78 


EDUCATIONAL  SYSTEMS  79 

been  overcome  in  some  States  by  the  transportation  of 
children  at  town  expense.  This  is  cheaper  than  the  main- 
tenance of  more  schools,  and  the  children  gain  advantage 
through  being  members  of  schools  having  larger  attend- 
ance. 

(3)    In  the  Southern  States,  the  county  is  divided  into 
school  districts,  and  county  officers  direct  school  affairs. 

"Where  the  district  and  township  systems  exist,   it  is  county 
usual  (elsewhere  than  in  New  England)  to  have  a  county  of  schools." 
superintendent  or  board  of  education  from  whom  teachers 
obtain  certificates.     These  officers  also  exercise  greater  or 
less  power  of  supervision  over  the  schools  of  the  county. 

In  nearly  ever}'  State  of  the  Union  there  is  a  State  super-  state 
intendent,  or  a  State  board  of  education,  or  both.  ^Methods  ^"p®"^®'**"- 
of  selection  and  organization  are  various.  The  superin- 
tendent or  the  board  has  authority  to  interpret  and  enforce 
the  general  school  laws  of  the  State;  and  to  supervise,  in 
a  general  way,  the  school  system.  An  additional  function 
is  "the  higher  and  far  more  important  work  of  directing 
educational  movements,  of  instructing  the  people,  and  of 
creating  public  opinion  and  arousing  public  interest." 

In  school  affairs,  as  in  other  matters  of  local  govern-  City  school 

.  ,.  X  systems. 

ment,  each  large  city  has  its  peculiar  system.  In  many 
cities,  the  school  system  is  managed  as  a  separate  depart- 
ment, and  its  workings  are  almost  independent  of  the 
central  legislative  and  executive  machinery  of  the  city. 
There  are  special  times  for  school  elections,  and  the  school  ^ 
board  is  not  responsible  to  either  council  or  mayor.  In 
other  cases,  different  degrees  of  relationship  exist  between 
these  authorities.  School  systems  and  courses  of  study  are 
most  highly  developed  in  cities;  here,  too,  equipments 
are  most  complete. 

Among  the  difficulties  encountered  in  the  management  Politics  in 

„„ .  school 

of  school  systems,  two  may  be  mentioned.     (1)  The  in-  affairs, 
troduction  of  party  politics  into  school  affairs  is  inexcusa- 


80 


EDUCATIONAL  SYSTEMS 


The  confu- 
sion of 
business 
and  profes- 
sional 
functions. 


ble.  The  popular  election  of  county  superintendents,  for 
instance,  has  a  tendency  to  make  the  office  political, 
lather  than  professional.  Often  there  is  no  educational 
qualification  prescribed  for  this  officer.  The  selection  of 
members  of  the  board  of  education  in  a  city  for  political 
reasons  may  be  detrimental  to  the  best  interests  of  the 
children. 

Another  source  of  difficulty  is  the  confusion  of  the 
business  and  the  professional  sides  of  school  government. 
Boards  of  education  are  more  competent  to  supervise 
business  affairs,  and  so  generally  leave  the  determination 
of  courses  of  study  and  methods  of  teaching  to  educational 
experts.  But  other  professional  affairs,  such  as  the  em- 
ployment of  teachers  and  the  selection  of  text-books,  too 
often  remain  within  the  jurisdiction  of  the  board.  This 
body  frequently  acts  under  the  advice  of  the  superinten- 
dent of  schools,  but  in  other  cases  professional  interests 
are  subordinated  to  business  or  political  considerations. 


Special 
features  of 
school 
systems. 


The  policy  of  establishing  public  kindergartens  in  cities  is 
spreading  steadily.  Manual  training,  domestic  science,  and  com- 
mercial courses  are  being  adopted  and  trade  schools  have  been 
introduced  in  some  cities.  Separate  schools  for  truants  and  for 
backward  pupils  are  features  of  a  few  city  systems.  In  most 
States  there  are  compulsory  education  laws,  applying  vmiformly 
to  rural  and  city  populations. 


High 

schools. 


Excellent  systems  of  high  schools  have  been  developed 
in  recent  years.  Those  located  in  the  large  cities  have 
their  ovra  courses  of  study  and  methods  of  management. 
But  the  high-school  systems  of  villages  and  small  cities 
have  been  fostered  under  uniform  State  laws. 

The  people  of  the  United  States  are  lavish  in  their  ex- 
penditures for  public  education.  In  the  year  1909  the 
entire  amount  of  money  raised  for  the  support  of  the  com- 
mon schools  was  $381,909,526. 


EDUCATIONAL  SYSTEMS  81 

"Whence,  it  may  be  asked,  was  this  enonnous  revenue 
derived  ?     From  several  sources. 

(1)  The  greatest  part,  $259,000,000,  came  from  local 
taxation.  This  emphasizes  the  fact,  already  noticed,  that 
local  governments  have  the  largest  share  in  the  control  of 
our  common-school  systems. 

(2)  About  $58,000,000  was  derived  from  State  taxation. 
The  proportions  of  State  and  local  taxes  vary  greatly  in 
the  different  States.  Some  levy  no  State  tax  whatever  for 
this  purpose.  Sometimes  a  certain  per  cent,  is  le\ied  for 
school  purposes  on  each  dollar's  worth  of  property  in  the 
State.  This  method  of  deriving  school  revenue  is  com- 
mendable because,  in  the  poorer  sections  of  a  State,  lack  of 
revenue  from  local  sources  may  keep  the  schools  upon  a 
low  grade.  The  State  school  money  can  be  distributed  in 
such  a  way  as  to  aid  these  poorer  districts. 

(3)  The  amount  of  school  revenue  yielded  from  miscel- 
laneous sources,  State  and  local,  was  $42,000,000. 

(4)  Permanent  school  funds  and  rents  form  the  fourth 
source  of  revenue— $22,000,000. 

The  origin  of  these  funds  must  now  be  accounted  for.   Origin  of 

...  1        p     1         school 

"When  the  States  laying  claim  to  the  territory  north  of  the  funds. 
Ohio  River  and  east  of  the  Mississippi  ceded  their  claims  to 
the  United  States,  Congress  passed  the  "Land  Ordinance 
of  1785"  containing  the  following  provision:  "There 
shall  be  reserved  the  lot  number  sixteen  of  ever}'  township 
for  the  maintenance  of  public  schools  within  the  said  ter- 
ritory." *  The  same  purpose  is  seen  in  that  provision  of 
the  Ordinance  of  1787  which  declared  that  "Religion, 
morality,  and  knowledge  being  necessary  to  good  govern- 
ment and  the  happiness  of  mankind,  schools  and  the  means 
of  education  shall  forever  be  encouraged."  Nowhere  do  we 
find  better  stated  the  ultimate  purpose  of  public  education. 

*  American  History,  pp.  189,  280-281 ;  Hinsdale,  The  Old  Northwest, 
259. 


82 


EDUCATIONAL  SYSTEMS 


National 

land 

grants. 


Other  aids 
to  public 
Bchook. 


Higher 
education. 


The  policy  thus  asserted  was  carried  into  execution 
whenever  any  State  in  which  the  United  States  owned 
lands  was  admitted  to  the  Union.  In  each  case  section 
sixteen  of  each  township  was  set  aside  for  the  support 
of  the  common-school  system.  Since  1848  each  new 
State  has  received  for  this  purpose  both  section  sixteen 
and  section  thirty-six  of  every  township.  When,  there- 
fore, these  lands  were  sold  to  settlers,  the  proceeds  were 
gathered  into  permanent  school  funds ;  these  were  invested 
in  interest-bearing  securities,  and  the  income  derived 
therefrom  is  annually  distributed  among  the  schools. 

These  funds  have  been  increased  in  various  w^ays.  To 
most  of  the  Western  States  Congress  gave  500,000  acres 
of  land,  to  be  devoted,  originally,  to  the  support  of  in- 
ternal improvements.  Some  of  the  States  have  dedi- 
cated the  proceeds  of  these  lands  to  educational  uses. 
]\Iany  States  have  received  swamp  and  salt  lands,  which 
in  some  cases  have  gone  to  increase  school  fvmds.  Since 
the  National  government  owTied  no  lands  in  the  original 
States,  they  have  not  been  benefited  by  its  generosity  in 
the  donation  of  lands.  But  many  of  these  States  have  set 
aside  their  own  wild  lands  and  in  other  ways  have  estab- 
lished permanent  school  funds. 

The  colleges  and  universities  and  technical  schools  of 
the  United  States  number  493.  Of  these,  the  greater 
number  are  supported  by  endowments  and  donations  from 
private  sources.  IMost  States,  particularly  in  the  W^est, 
tax  the  property  of  their  citizens  to  support  State  universi- 
ties. The  Federal  government  has  been  as  generous  in 
the  support  of  higher  education  as  in  the  aid  granted  to 
the  common  schools.  When  the  sale  of  lands  in  the 
Northwest  Territory  was  authorized.  Congress  provided 
that  not  more  than  two  complete  townships  (seventy-two 
square  miles)  of  land  should  be  given  to  each  State  therein 
erected  for  the  support  of  higher  education.     Every  new 


EDUCATIONAL  SYSTEMS  S3 

State  in  which  the  United  States  owned  land  has  reaped   Federal 

aid. 

the  benefit  of  this  policy,  some  having  received  more  than 
two  townships.  In  some  of  the  older  States,  these  lands 
and  the  common-school  lands  were  sold  at  very  low  prices. 
Bad  management  in  this  respect,  and  in  the  care  of  the 
funds  thus  established,  has  caused  immense  loss  to  these 
States.  The  newer  States,  profiting  by  this  experience, 
have  been  more  judicious. 

In  1862  Congress  granted  to  each  State  of  the  Union,  Agricui- 
and  to  each  new  State  to  be  admitted  later,  as  many  times  colleges. 
30,000  acres  of  land  as  it  had  Senators  and  Representa- 
tives in  Congress.  The  income  of  the  funds  arising  from 
the  sale  of  this  land  was  to  support  colleges  of  agriculture 
and  mechanic  arts.*  In  1887  each  State  was  given  $15,- 
000  annually  for  the  support  of  agricultural  experiment 
stations.  By  a  law  of  1890  this  amoimt  was  to  be  in- 
creased by  $1,000  each  year  until  the  appropriation 
reached  $25,000  for  each  State.  This  law  pro^'ided  that 
this  money  "shall  be  applied  only  to  instruction  in  agricult- 
ure, the  mechanic  arts,  the  English  language,  and  the  vari- 
ous branches  of  mathematical,  physical,  natural,  and  eco- 
nomic science,  with  special  reference  to  their  applications 
in  the  industries  of  life  and  to  the  facilities  for  such  in- 
struction." Technical  schools  are  in  this  way  aided  in 
many  States. 

In  connection  with  the  systems  of  higher  education  we   Profes- 
find   professional   schools   of   various   kinds.     These   in-  schools. 
elude    colleges   of    law,    medicine,   dentistry,    pharmacy, 
veterinary  medicine,   and   normal   schools.     Commercial 
and  business  courses  are  a  feature  in  a  large  number  of 
colleges,  universities,  and  high  schools. 
*  American  History,  p.  389. 


84  EDUCATIONAL  SYSTEMS 


Supplementary  Questions  and  References 

1.  Study  the  organization  of  the  school  system  in  your  State, 
(a)  What  is  the  unit  of  school  taxation?  Of  administration? 
Should  these  be  larger  or  smaller? 

(6)  What  officers  conduct  school  affairs?  Can  you  suggest 
improvements  in  the  system? 

(c)  How  is  school  supervision  secured?  Is  it  effective?  In 
what  ways  does  the  State  control  the  common-school  system? 

(d)  What  are  the  laws  of  the  State  upon  the  subject  of  com- 
pulsory education?   text-books? 

(e)  Study  the  revenues  and  expenditures  of  your  school  system. 
Comparison  with  other  States  in  different  sections  of  the  country 
is  possible  from  the  reports  of  the  Commissioner  of  Education. 

(/)  Ascertain  the  amount  of  Federal  aid  received  by  your  State 
for  education. 

2.  Students  may  get  ideas  for  the  graphic  representation  of 
educational  statistics  from  the  Report  of  the  Commissioner  of 
Education,  1897-98,  pp.  Ixxxvii-xcvii. 

3.  History  of  land  grants  for  schools.  Boone,  Education  in 
the  United  States,  88-93;  Hart,  Essays  on  American  Govern- 
ment, 244-247. 

4.  Education  in  colonial  times.  American  History,  94,  97,  98, 
133;  Commissioner  of  Education,  1896-97,  II,  1165;  McMaster, 
History  of  the  United  States,  I,  24-27;  Earle,  Child  Life  in  Co- 
lonial Days;  Lodge,  Short  History  of  the  English  Colonies  in 
America,  74-76,  464-467;  Fiske,  Old  Virginia,  II,  245-253; 
Boone,  Education  in  the  United  States,  9-19. 

5.  Use  of  lotteries  in  support  of  schools.     Boone,  87-88. 

6.  Recent  educational  progress.  American  History,  522-523; 
Eliot,  Good  Urban  School  Organization,  Indept.,  56  :  416-422. 


CHAPTER  X 

THE  EXERCISE  OF  THE  POLICE  POWER 

We  are  accustomed  to  associate  with  the  word  "police"  Meaning 
the  idea  of  a  body  of  officers  to  whom  the  enforcement  of  term 
law  is  entrusted.  But  the  legal  significance  of  the  word  power. 
is  much  broader.  In  this  sense  we  speak  of  the  police 
power  of  a  State  as  its  system  of  internal  regulation  "by 
which  persons  and  property  are  subjected  to  all  kinds 
of  restraints  and  burdens  in  order  to  secure  the  general 
comfort,  health,  and  prosperity  of  the  State,"  i.  e.,  of  the 
citizens.  It  is  assumed  that  all  property  of  the  State  is 
held  subject  to  those  general  regulations  which  are  neces- 
sary for  the  common  welfare.  So,  too,  in  the  conduct  of 
private  business  and  in  the  family  and  social  relations  of 
life,  citizens  are  not  entirely  free  to  determine  their  own 
conduct;  but  through  its  police  regulations  the  State  in- 
sures "to  each  the  uninterrupted  enjoyment  of  his  o\\ti 
rights  so  far  as  is  reasonably  consistent  with  a  like  enjoy- 
ment of  rights  by  others."  * 

We  are  most  familiar  with  the  police  regulations  that 
are  calculated  to  preserve  public  order  and  prevent  of- 
fences against  persons  and  property.  A  number  of  other 
mstances  in  which  the  police  power  is  used  will  now  be 
noticed. 

(1)  Individuals  are  subjected  to  governmental  control  Health  and 

^   '  ''  _      .,  sanitation. 

for  the  preservation  of  public  health.  Until  recent  years, 
health  and  sanitary  laws  were  matters  of  local  govern- 
ment only;  but  at  present  State  boards  of  health  are 
almost  universal.  The  establishment  of  these  boards  has 
*  Cooley,  Constitutional  Limitations,  704,  706. 
85 


86    THE  EXERCISE  OF  THE  POLICE  POWER 


Govern- 
mental 
activity  in 
care  of 
public 
health. 


Protection 

from 

danger. 


made  the  regulations  upon  this  subject  more  uniform; 
at  the  same  time  the  administration  of  laws  has  be- 
come more  thorough.  For  popular  ignorance  and  preju- 
dice often  prevent  the  execution  of  adequate  sanitary 
measures.  This  is  especially  true  when  contagious  dis- 
eases prevail.  Stringent  regulations  then  become  neces- 
sary for  disinfection,  isolation,  and  quarantine.  Local 
boards  of  health  exist  in  the  cities,  but  they  are  not  so 
common  in  rural  districts.  These  boards  are  made  sub- 
ject to  control  by  State  boards. 

In  the  interest  of  public  health,  private  property  may 
be  declared  a  nuisance  and  removed  or  destroyed  at 
private  expense.  Many  cities  have  officers  who  inspect 
plumbing  and  appliances  for  sewage  disposal.  The  chem- 
ical examination  of  water  supplies  reveals  an  important 
source  of  disease.  A  number  of  cities  have  forbidden  ex- 
pectoration in  street-cars  and  public  places.  The  estab- 
lishment of  hospitals  and  sanitariums  for  tuberculous 
patients  has  been  begun  in  some  localities.  Health  re- 
gulations also  extend  to  the  examination  of  horses  and 
cattle  and  their  condemnation  when  diseased. 

Recently  much  attention  has  been  given  to  the  inspec- 
tion of  foods  and  of  the  places  where  food  products  are 
made.*  Milk  and  dairy  inspection  is  common.  The 
analysis  of  canned  and  packed  foods  is  necessary  be- 
cause an  increasing  proportion  of  our  foods  are  prepared 
in  factories,  instead  of  in  the  home. 

(2)  The  public  is  protected  from  danger  in  other  ways 
than  by  these  health  regulations;  for  instance,  by  laws 
requiring  that  buildings  containing  halls  for  i)ublic  as- 
semblages shall  have  doors  that  swing  outward,  and  by 
laws  compelling  the  erection  of  fire-escapes  on  tall  build- 
ings.    In    cities,    wooden    structures    may    not    be    built 

*  The  National  government  has  taken  up  this  subject  in  its  pure  food 
laws.     See  p.  178. 


commerce. 


THE  EXERCISE  OF  THE  POLICE  POWER    87 

within  the  "fire  limits"  that  are  prescribed  by  ordinances. 
Private  property  may  be  destroyed  to  prevent  the  spread 
of  fire. 

The  law  regulates  certain  kinds  of  business  on  the 
ground  that  carelessness  might  render  them  injurious 
to  individuals  or  to  the  public.  For  this  reason  the  sale 
of  explosives,  fire-arms,  and  poisonous  drugs  is  accom- 
panied by  legal  restraints.  So  in  the  use  of  a  public 
wharf  or  a  market-place,  the  interests  of  the  few  must 
be  subordinated  to  the  welfare  of  the  greater  number. 

(3)  The  conduct  of  individuals  upon  public  highways  Travel  and 
is  subject  to  legal  control;  the  law  may  fix  the  rate  of 
speed  and  require  vehicles  to  turn  to  the  right.  Travel 
by  water  is  likewise  regulated.  The  States  declare  cer- 
tain rivers  and  lakes  within  their  limits  to  be  navigable 
waters;  these  become  highways,  open  to  the  public* 
Consequently,  such  matters  as  the  conduct  of  vessels, 
the  building  of  dams,  bridges,  and  docks,  are  regulated 
under  the  police  power  of  the  States. 

(4)  Persons  and  corporations  are  subject  to  police  regu-  Common 
lation  because  of  the  nature  of  the  service  they  render,  as 
in  the  case  of  the  "common  carriers."  A  common  car- 
rier is  "one  who  holds  himself  as  a  carrier,  inviting 
employment  by  the  public  generally.  The  most  familiar 
classes  of  common  carriers  are  railroad  companies,  stage 
coach  proprietors,  expressmen,  truckmen,  ship-owners, 
steam-boat  lines,  lightermen,  and  ferrymen."  Any  per- 
son falling  within  this  definition  "is  boimd  to  serve  with- 
out favoritism  all  who  desire  to  employ  him,  and  is  liable 
for  the  safety  of  goods  entrusted  to  him,  except  by  losses 
from  the  act  of  God  or  from  public  enemies,  or  unless 
special  exemption  has  been  agreed  upon ;  and  in  respect  to 
the  safety  of .  passengers  carried  he  is  liable  to  injuries 

*  But  if  they  are  used  in  interstate  or  foreign  traffic,  they  are  subject 
to  control  by  the  Nationa'  government.     See  p.  176. 


earners. 


88    THE  EXERCISE  OF  THE  POLICE  POWER 


The  con- 
trol by 
States  of 
public 
utilities. 


The  conser- 
vation of 
natural 
resources. 


Restricted 
employ- 
ments. 


which  he  might  have  prevented  by  special  care"  (Cen- 
tury Dictionary). 

The  most  important  common  carriers  are  the  railroads, 
and  recently  there  has  been  a  tendency  to  regulate  them 
more  stringently  through  State  commissions.  In  some 
States  these  bodies  have  the  power  to  fix  the  maximum 
rates  that  may  be  charged  for  freight  and  passenger 
traffic.  Other  public  utility  industries,  such  as  those  fur- 
nishing water,  lights,  and  street-car  services  in  cities  are 
made  subject  to  control  by  State  authorities  in  some  cases. 
The  same  may  be  said  of  telephone  and  telegraph  com- 
panies. Legal  restraints  are  imposed  upon  these  busi- 
nesses, not  only  because  they  are  in  the  nature  of  public 
industries,  but  also  because  they  tend  to  become  monop- 
olies, and  hence  may  abuse  their  power. 

(5)  Within  recent  years  it  has  become  apparent  that 
our  great  industrial  growth  has  resulted  in  the  rapid  ex- 
haustion of  our  natural  resources — soil,  forests,  mines,  and 
water-power;  and  that  the  supply  of  the  products  from 
some  of  these  has  passed  into  private  hands.  Hence  has 
arisen  the  demand  for  the  conservation,  and  for  State  con- 
trol, of  the  remaining  resources  that  are  still  public  prop- 
erty. This  involves  such  projects  as  the  making  of  forest 
reserves;  the  construction  of  reservoirs  for  irrigation  pur- 
poses and  for  regulating  the  flow  of  rivers;  the  taxation 
of  mineral  products;  the  policy  of  leasing  water-power 
sites,  instead  of  granting  them  outright.  Such  measures, 
adopted  by  many  of  the  States,  show  an  interesting  ex- 
tension of  State  functions.*  It  was  to  discuss  the  general 
subject  of  conservation  that  a  conference  of  governors 
met  at  Washington  in  1908.     (See  American  History,  523.) 

(6)  Certain  employments  and  practices  are  forbidden 
or  placed  under  restrictions  because  they  are  in  them- 


♦  The  National  government  has  entered  upon  a  similar  policy.     See 
p.  286. 


THE  EXERCISE  OF  THE  POLICE  POWER    89 

selves  immoral.  The  pursuit  of  gambling  in  its  various 
forms  falls  under  this  head.  The  State  interferes  to 
prevent  the  infliction  of  cruelty  upon  animals  because 
acts  of  this  nature  are  immoral;  and  also  because  the 
moral  sense  of  people  is  shocked  by  the  sight  or  knowl- 
edge of  their  occurrence.  Partly  on  the  ground  of  the 
immorality  of  intemperance,  and  partly  because  of  the 
dangers  with  which  the  public  is  threatened  through  this 
vice,  the  manufacture  and  sale  of  intoxicating  liquors  is 
the  subject  of  State  control. 

In  the  regulation  of  employments,  for  whatever  rea-  Licensed 
son,  it  is  customary  for  the  State  to  require  licenses.  ^Ets^ 
This  is  for  the  purpose  of  preventing  persons  from  enter- 
ing these  employments  indiscriminately.  Accompanying 
the  license  is  a  fee,  the  amount  of  which  may  be  (1)  sim- 
ply sufficient  to  cover  the  expense  of  inspection  and  regu- 
lation; or  (2)  it  may  be  large  enough  to  discourage  or 
even  to  render  impracticable  the  pursuit  of  the  licensed 
business.*  In  its  legal  aspect,  then,  a  business  which  is 
licensed  is  presumed  to  be  legitimate,  but  to  require  regu- 
lation in  order  that  the  public  may  not  suffer  from  abuses 
that  may  arise  in  connection  with  it. 

The  laws  regulating  the  manufacture  and  sale  of  intox-  Liquor 
icating  liquors  are  very  numerous.  Some  of  the  most 
common  of  these  prohibit  the  sale  to  minors,  to  intoxicated 
persons,  and  to  habitual  drunkards;  also,  the  sale  of 
liquors  is  forbidden  on  Sunday,  on  legal  holidays,  election 
days,  and  during  certain  hours  of  the  night.  The  follow- 
ing restrictions  are  foimd  in  different  States.  There  shall 
not  be  more  than  one  saloon  to  a  certain  number  of  in- 
habitants.   There  shall  be  no  saloon  within  certain  dis- 

*  The  term  "license  fee"  is  often  attached  to  taxes;  e.  g.,  the  license 
fees  paid  under  United  States  law  on  the  manufacture  and  sale  of  liquors. 
The  idea  here  is  simply  the  gaining  of  revenue.  Many  States  require 
license  fees  with  the  sole  purpose  of  raising  revenue.     See  p.  59. 


90    THE  EXERCISE  OF  THE  POLICE  PO\^TR 

tances  of  public  schools,  colleges,  churches,  or  parks. 
Screens  and  all  obstacles  to  a  clear  \'iew  of  the  place  where 
liquor  is  sold  are  prohibited.  In  some  States  liquor  must 
be  sold  onlv  with  eatables  or  in  connection  with  lods-ins:- 
houses  and  hotels.  In  other  States  liquor  must  be  never 
sold  under  these  conditions.  The  consent  of  the  owners 
of  property  in  the  same  block  or  near  the  saloon  is  some- 
times required.  Liquor  dealers  are  made  responsible  for 
damage  caused  by  an  intoxicated  person  who  is  kno'UTi 
to  be  dangerous  when  under  the  influence  of  liquor. 
Prohibitory  The  governmental  regulation  of  this  business  has  ex- 
tended in  a  number  of  States  to  the  absolute  prohibition  of 
all  manufacture  and  sale  of  intoxicating  liquors.  Prohib- 
itory laws  "are  looked  upon  as  police  regulations  estab- 
lished by  the  legislature  for  the  prevention  of  intemperance, 
pauperism,  and  crime,  and  for  the  abatement  of  nuisances."* 
Under  the  system  of  "local  option"  that  exists  in  most 
States,  each  local  government  (to^\-n,  village,  and  city) 
may  settle  the  question  of  liquor  selling  for  itself.  Some- 
times "resident  districts"  in  cities  are  given  the  privilege  of 
excluding  saloons.  Recently  "county  option"  has  become 
an  issue  in  many  States.  \Miere  adopted,  this  gives  the 
voters  opportunity  to  refuse  licenses  in  an  entire  county; 
but  if  the  majority  favor  licensing,  the  local  units  may 
still  vote  to  be  "dry."  f 
Enforce-  The  difficulties  in  the  enforcement  of  prohibitory  laws 

prohibition,  may  be  grouped  under  several  heads.  (1)  In  certain 
localities,  particularly  in  cities,  we  find  the  lack  of  pub- 
lic sentiment  favorable  to  their  enforcement.  In  these 
places  officials  have  sometimes  engaged  systematically  in 
the  practice  of  fining  or  taxing  saloon-keepers  without 
attempting  to  enforce  the  prohibitory  laws.     (2)  There  is 

*  Cooley,  Constitutional  Limitations,  p.  718. 

t  It  is  estimated  that  in  1909  two-fifths  of  the  territory  and  almost 
one-half  of  the  people  of  the  United  States  were  under  prohibition  laws. 


THE  EXERCISE  OF  THE  POLICE  P0^\T:R  91 

great  difficulty  in  preventing  the  importation  of  liquors 
into  prohibition  States.  (3)  Since  the  use  of  alcoholic 
liquors  for  medicinal  and  mechanical  purposes  is  exempted 
from  the  prohibition,  druggists  are  licensed  to  dispense 
them  under  prescription  by  a  physician  or  some  similar 
regulation.  This  leads  to  eolation  of  the  law,  drug-stores 
sometimes  becoming  saloons  in  everything  but  name.  (4) 
There  are  a  multitude  of  de^"ices  for  evading  prohibitory 
laws,  many  of  which  involve  official  perjury  and  corrup- 
tion. 

High  license  means  the  exaction  of  large  license  fees  Higb 
for  the  purpose  of  discouraging  the  liquor  business.  The 
combination  of  local  option  and  high  license  exists  in 
some  States.  The  fees  are  in  some  cases  -SoOO  or  more. 
Saloons  in  cities  may  be  required  to  pay  more  than  those 
in  towns  of  the  same  State,  S  1,000  being  not  an  unusual 
amoimt  for  the  former. 

The  granting  of  licenses  is  most  frequently  in  the  hands 
of  the  local  governing  board.  Bonds,  which  are  liable 
to  be  forfeited  for  non-compliance  with  the  law,  may  be 
required  of  the  licensee.  Sometimes  special  commissioners 
are  given  charge  of  the  entire  matter  of  granting  and  re- 
voking licenses.  The  exercise  of  these  powers  by  officers 
opens  another  avenue  through  which  corrupt  influences 
enter  politics.  The  control  of  the  liquor  business  by 
licensing  authorities  and  by  the  police  should  receive  the 
constant  attention  of  citizens.  In  no  other  way  will  the 
enforcement  of  law  be  secured. 

(7)  The  insurance  business  and  that  of  banking  furnish  state 

1  .  .   •>,  .1  ^  control  of 

other  mstances  ot  btate  control  exercised  over  private  en-   banking 

•>  and 

terprises.     Among  the  administrative  officers  of  the  State  insurance, 
is  the  Insurance  Commissioner.     It  is  his  duty  to  enforce 
the  State  laws  that  regulate  the  manner  in  which  insur- 
ance companies  shall  conduct  their  business.     The  pro- 
tection of  the  public  against  fraudulent  and  careless  busi- 


92  THE  EXERCISE  OF  THE  POLICE  POWER 

ness  methods  is  seen  also  in  the  State  banking  laws. 
Inspectors  are  sent  to  investigate  the  condition  and  methods 
of  banks  that  operate  under  State  laws.*  In  a  few  in- 
stances laws  have  been  enacted  under  which  banks  are 
obliged  to  contribute  small  sums  annually  to  a  guarantee 
fund;  this  fund  is  dra\\Ti  upon  in  case  any  bank  fails, 
as  a  source  from  which  its  depositors  are  reimbursed. 
This  is  called  "the  guarantee  of  bank  deposits." 

Supplementary  Questions  and  References 

1.  Make  a  list  of  the  topics  in  this  chapter  upon  which  you 
know  of  some  law  in  your  State.  Are  these  laws  beneficial  ?  Are 
they  enforced  ? 

2.  Upon  the  recent  industrial  advance  and  changes  in  methods, 
see  American  History,  516-517,  520,  521,  523. 

3.  State  control  of  water-power.  Rev.  of  R's,  39  :  57-62;  Soil 
erosion  in  the  South,  ibid.,  39  :  439-443;  Water-powers  of  the 
South,  ibid.,  41  :  68-76;  New  York's  conservation  of  water  re- 
sources, ibid.,  41  :  77-87;  Forestry  in  the  States,  ibid.,  41  : 
465-466. 

4.  The  liquor  problem  and  prohibition.  Rev.  of  R's,  36  :  328- 
334;  749-750;  37:468-476;  480-481;  Arena,  33:134-142. 
In  the  South,  Atl.  Mo.,  101  :  627-634;  Outlook,  86  :  943-944; 
947-949. 

5.  Railway  regulation  by  States.  Indept.,  68  :  905-910 
(Wisconsin);  Rev.  of  R's,  34  :  346-347  (Texas);  World's  Work, 
13  :  8333-8337. 

6.  Bank  deposit  guarantee   in  Oklahoma,  Rev.  of   R's,   39 
499-500;   ibid.,  37  :  340-347;    Indept.,  65  :  418-419. 

7.  Regulating  the  milk  supply.  Rev.  of   R's,  36  :  360-362 
585-593. 

8.  The    conference    of    Governors,    Outlook,    89 :  138-140 
145-148. 

*  National  banks  operate  under  United  States  law.     See  p.  187. 


CHAPTER  XI 

LABOR  LEGISLATION 

The  laws  that  fall  under  this  designation  are  very 
similar  in  their  general  purpose  to  those  through  which 
the  State  exercises  its  police  power.  It  will  be  conven- 
ient to  consider  these  laws  as  grouped  into  several  classes. 

(1)  There  are  laws  that  relate  to  the  age  of  workers  Labor  of 
and  the  hours  of  labor.    Attention  was  early  called  to  the   Thiidren*"^ 
necessity  for  labor  legislation    because  of  the    employ- 
ment of  young  children  in  factories  and  the  long  hours 

of  service  for  women  and  children.  State  laws  now 
quite  generally  prohibit  the  employment  of  these  persons 
for  more  than  ten  hours  a  day,  or  sixty  hours  a  week. 
The  employment  of  children  in  factories  and  mercantile 
establishments  is  made  illegal,  though  the  age  limit  varies 
from  ten  to  fourteen  or  sixteen  years.  Accompanying 
these  laws  are  requirements  that  children  be  given  a  mini- 
mum number  of  months'  schooling  each  year. 

There  has  been  much  agitation  in  favor  of  a  legal 
eight-hour  day  for  workmen.  The  employees  of  the 
National  and  of  many  State  governments  work  under 
this  rule.  In  private  employment,  freedom  of  contract 
is  generally  allowed  for  adult  male  laborers;  but  there 
are  exceptional  industries  in  which  the  law  limits  the 
number  of  hours,  either  for  the  benefit  of  the  laborer,  or 
for  public  safety.  Mining  and  railway  employment  are 
examples  of  such  industries. 

(2)  The  second  class  of  labor  laws  specify  the  condi-  safety  and 
tions  under  which  labor  may  be  carried  on.  They  regu-  ^''^loyees. 
late  the    manner  in  which    factory  buildings  shall    be 

93 


94 


LABOR  LEGISLATION 


Wages. 


Trade 
unions. 


Strikes. 


Arbitration 
of  labor 
disputes. 


constructed  and  ventilated;  the  lighting  and  sanitation 
of  these  buildings  must  conform  to  certain  requirements. 
Under  certain  conditions,  seats  must  be  provided  for 
employees.  The  hours  for  meals  must  be  reasonable. 
Sweat-shops  are  prohibited.  Steam  boilers  are  inspected 
and  engineers  are  examined.  Machinery  must  be  so 
placed  and  guarded  that  employees  will  not  be  compelled 
to  work  in  dangerous  situations.  Mines,  in  particular, 
are  subject  to  State  laws  intended  to  secure  the  safety  of 
miners. 

(3)  The  relations  of  employers  and  employees,  and  of 
both  to  the  public,  form  a  very  important  but  complicated 
subject  of  legislation.  There  are  laws  regulating  the 
time  for  the  payment  of  wages,  and  prohibiting  the  truck 
system.  Other  laws  forbid  blacklisting  and  boycotting. 
The  liabilities  of  employers  for  damages,  because  of  acci- 
dents in  which  employees  suffer,  are  fixed  in  many  States 
by  legislation.  Trades  unions  and  their  members  have 
received  legal  protection  in  various  ways;  for  instance, 
laws  prevent  the  discharge  of  employees  for  the  sole  reason 
that  they  are  members  of  these  organizations. 

One  of  the  most  difficult  subjects  of  legislation  in  this 
field  is  that  relating  to  labor  conflicts.  Laws  which  under- 
take to  control  strikes  and  lock-outs  are  being  supple- 
mented by  others  calculated  to  prevent  these  labor  wars. 
In  about  one-half  the  States,  boards  of  arbitration  and 
conciliation  have  been  established.  These  boards  are  em- 
powered to  offer  their  services  to  aid  in  the  settlement  of 
disputes  between  employers  and  employed,  and  to  inves- 
tigate and  report  facts  concerning  strikes.  But  nowhere 
in  this  country  has  the  compulsory  arbitration  of  labor 
disputes  been  made  legal.  When  a  strike  occurs  in  a 
business  that  is  a  public  utility  {e.  g.,  a  street-car  line),  it 
would  seem  that  the  interests  of  the  public  should  be 
guarded  in  such  a  way  as  to  secure  the  continuance  of  the 


LABOR  LEGISLATION 


95 


service  by  compulsory  process,  if  necessary,  until  the  dis- 
pute is  settled. 

When  damage  to  property  or  to  business  interests  has  been  injunc- 
threatened  by  strikes,  courts  have  granted  injunctions  which  ^^°^^- 
forbid  the  strikers  doing  certain  acts,  such  as  damaging  property 
or  intimidating  others  who  wish  to  work.  When  an  injunction 
is  Niolated,  the  judge  who  issued  it  may  sentence  the  guilty 
person  to  punishment  without  a  formal  trial.  By  this  means 
the  acts  of  strikers  were  controlled.  Much  opposition  has  arisen 
to  this  method  of  dealing  with  these  cases;  it  is  called  "govern- 
ment by  injunction." 

The   relations    between   workmen   and    their   employers   are   The  com- 

mon  I3.W 

determined  primaril}"  by  the  rules  of  "common  law."  This  is 
that  body  of  law  "  which  originated  in  the  common  wisdom  and 
experience  of  society,  in  time  became  an  established  custom, 
and  has  finally  received  judicial  sanction  and  affirmance  in  the 
decision  of  the  courts  of  last  resort."*  It  is  found  in  reported  de- 
cisions of  courts  and  in  legal  text-books  of  established  author- 
ity. But  the  new  conditions  of  modern  industrial  life  have 
rendered  necessary  statute  laws  which  modify  and  supplement 
the  rules  of  the  common  law. 


(4)  The  enforcement  of  labor  laws  is  a  duty  of  State 
and  local  officers:  but  in  nearlv  every  State  of  the  Union 
there  have  been  created  bureaus  of  labor  having  more  or 
less  complete  powers  over  the  administration  of  labor 
laws.  In  some  cases  the  powers  are  merely  those  of  col- 
lecting statistical  information  and  of  inspection  in  the  ordi- 
nary sense  of  that  term;  in  these  ways  much  valuable  in- 
formation concerning  conditions  of  labor  is  made  public. 
But  the  pow-er  of  enforcing  labor  laws  is  often  vested  in 
these  bureaus,  or  in  special  officers  called  factory  inspec- 
tors, who  devote  their  time  to  this  matter. 

(0)  Looking  toward  the  prevention  of  evils  and  con- 
flicts in  the  industrial  world,  we  find  the  establishment,  by 
city  and  State  governments,  of  industrial  and  technical 
schools  and  the  incorporation  of  manual  training  courses 

*  Robinson,  Elementary  Law,  2;    Dole,  Talks  about  Law,  8. 


Labor 
bureaus. 


Industrial 
education. 


96       •  LABOR  LEGISLATION 

in  the  common  schools.  For  with  the  increased  intelli- 
gence and  skill  of  workmen  will  come  increased  respect 
for  their  rights,  and  more  reasonable  settlement  of  their 
relations  to  capitalists. 

Some  laws  have  been  passed,  and  others  are  under  con- 
sideration, upon  many  important  subjects  relating  to  labor, 
besides  those  mentioned  in  this  chapter.  Such  subjects 
are:  old  age  pensions,  employers'  liabilities,  industrial  in- 
surance or  compensation  for  loss  due  to  sickness  or  in- 
juries. State  employment  bureaus,  and  the  regulation  of 
industries  that  are  injurious  to  health  of  employees. 

Supplementary  Questions  and  References 

1.  Find  in  the  statutes  of  your  State  provisions  regulating 
the  employment  of  labor.  Has  your  State  an  efficient  system 
of  factory  inspection  ? 

2.  When  were  the  first  factory  acts  of  England  passed?  Gar- 
diner, History  of  England,  911,  927. 

3.  What  value  have  the  statistics  that  are  collected  by  labor 
bureaus  ? 

4.  What  has  been  accomplished  in  your  State  toward  the 
peaceful  settlement  of  labor  disputes? 

5.  The  use  of  injunctions  in  connection  with  labor  troubles. 
Indept.,  65  :  348-351;   460^63. 

6.  Why  are  the  economic  functions  of  government  increasing  ? 

7.  Labor  legislation.  Stimson,  Labor  in  its  Relations  to  Law. 
By  the  same  author,  Handbook  to  the  Labor  Laws  of  the  United 
States. 

8.  What  are  blacklisting,  boycotting,  picketing,  sweat-shops  f 
See  dictionaries  and  Encyclopedia  of  Social  Reform. 


PART   II 

THE  NATIONAL  GOVERNMENT 


CHAPTER  XII 

STEPS  LEADING  TO  UNION 

A  NOTABLE  fact  presents  itself  as  we  consider  the  re-  Colonial 
lations  of  the  colonies  prior  to  the  Revolutionary  war. 
There  was  a  general  indifference  toward  union,  and  it 
was  only  by  slow  and  arduous  steps  that  union  was  finally 
accomplished.  This  may  be  partially  accounted  for,  if  it 
be  recalled  that  the  early  settlements  were  usually  found 
scattered  along  the  coast,  each  with  its  own  harbors  and 
interior  waterways.  Lack  of  roads,  together  with  the 
primitive  methods  of  travel  then  in  use,  rendered  extended 
intercommunication  wellnigh  impossible.  Besides,  each 
colony  had  its  own  separate  government,  and  different 
religious  beliefs  and  practices  tended  to  produce  distrust 
and  dislike  among  the  colonists.  There  were,  however, 
some  strong  bonds  of  sympathy.  Their  language  and  in- 
stitutions were  mainly  English,  and  they  were  interested 
in  the  development  of  liberal  government.  Again,  a  com- 
munity of  interests  was  created  in  the  necessity  for  pro- 
tection against  their  Indian,  French,  and  Dutch  foes. 
In  general,  it  may  be  said  that  confederation  was  early 
brought  about  through  the  need  for  defence,  but  imion 
has  been  the  fruit  of  long  years  of  transformation  and 
assimilation. 

97 


98 


STEPS  LEADING  TO  UNION 


The  New 
England 
confedera- 
tion. 


Inter- 
colonial 
conferences 
between 
1690  and 
1754. 


Penn's  plan 
of  union, 
1697. 


In  1643  the  four  colonies — Massachusetts  Bay,  New 
Plymouth,  Connecticut,  and  New  Haven — entered  into  a 
league  ("for  mutual  help  and  strength  in  all  our  future 
concernments")  known  by  the  name  of  the  United  Col- 
onies of  New  England.  This  confederation  was  neces- 
sary, because  the  English  government,  then  in  the  midst 
of  the  Puritan  revolution,  was  unable  to  furnish  the  colo- 
nists protection  against  their  Dutch,  French,  and  Indian 
enemies.  In  the  annual  meetings  of  the  commissioners, 
two  being  sent  by  each  colony,  questions  pertaining  to 
war,  peace,  and  relations  with  the  Indians  were  discussed. 
This  central  government  possessed  only  advisory  power 
over  the  colonies,  and  had  no  power  whatever  over  the 
individual  citizens.  The  confederation  was  finally  dis- 
solved in  1684. 

During  the  intercolonial  wars  the  colonists  were  in  con- 
stant danger  from  attacks  by  the  French  and  Indians. 
The  meeting  at  New  York  in  1690  of  commissioners  from 
Massachusetts,  Plymouth,  Connecticut,  and  New  York 
"to  fix  upon  such  methods  as  should  be  judged  most  suit- 
able to  provide  for  the  general  defence  and  security  and 
for  subduing  the  common  enemy,"  was  the  first  of  about 
a  dozen  such  intercolonial  conferences.  Through  these 
meetings,  and  especially  by  the  co-operation  of  the  forces 
of  the  various  colonies  in  the  army  and  the  navy,  social 
and  religious  prejudices  were  weakened  and  the  senti- 
ment for  union  was  stimulated.  In  1697  William  Penn 
presented  to  the  Board  of  Trade  a  plan  for  the  union  of 
the  colonies  which,  though  not  adopted,  is  of  interest,  for 
it  contained  the  first  use  of  the  word  "Congress"  in  con- 
nection with  American  affairs.  The  plans  ])resented  for 
the  fifty  years  following  were  largely  fashioned  after  this 
model. 

The  Lords  of  Trade,  knowing  that  a  general  colonial 
war,  caused  by  French  aggression,  was  inevitable,  directed 


STEPS   LEADING  TO  UNION  99 

that  a  Congress,  consisting  of  delegates  from  all  the  colo- 
nies, should  assemble  at  Albany  for  the  purpose  of  mak-  The  Albany 
ing  a  treaty  with  the  Iroquois  Indians  and  considering  1754. 
other  means  of  defence.  The  suggestion  was  made  in 
America  that  the  commissioners  should  also  draw  up 
some  plan  for  colonial  union.  This  Congress,  consist- 
ing of  twenty-five  of  the  leading  men  from  seven  different 
colonies,  was  an  important  advance  toward  union.  A 
treaty  with  the  Indians  was  secured.  The  Congress  then 
adopted  unanimously  the  resolution  that  "A  union  of  all 
the  colonies  is  at  present  absolutely  necessary  for  security 
and  defence."  A  plan  of  union,  dra^-n  up  by  Benja- 
min Franklin  and  loiown  as  the  Albany  plan,  was  also 
adopted.  This  plan  provided  for  a  Governor-General  to 
be  appointed  by  the  Crown  and  a  grand  council  to  be 
composed  of  delegates  elected  by  the  colonial  assemblies. 
The  assemblies  rejected  the  plan,  for  they  objected  to  the 
presence  of  a  royal  officer.  The  English  government  did 
not  approve  the  plan,  for  it  was  thought  too  democratic. 

Stirred  by  the  various  acts  of  the  English  government  The  stamp 
and  especially  by  the  passage  of  the  Stamp  Act,  the  Mas-  gress,  i765. 
sachusetts  House  of  Representatives  issued  an  invitation, 
to  the  other  colonial  assemblies,  to  send  delegates  to  a 
general  meeting.  Nine  colonies  responded  by  sending 
twenty-eight  men  to  the  Congress  which  assembled  in 
New  York,  October  7,  1765.*  They  were  in  session  two 
weeks  and  during  this  time  petitions  to  the  English  gov- 
ernment and  a  declaration  of  rights  were  formulated. 
This  declaration  is  of  importance  in  that  it  sets  forth  for 
the  first  time  the  united  views  of  the  colonists  relative  to 
questions  which  were  to  form  the  basis  for  revolution. 
The  Congress  declared  the  rights  of  the  colonists  to  be  the 
same  as  those  of  natural  horn  subjects  of  England.     It  is 

*  Virginia,  New  Hampshire,  Georgia,  and  North  Carolina  sympathized 
with  the  movement  but  did  not  send  delegates. 


100  STEPS  LEADING  TO  UNION 

notable  that  here  again  representatives  had  assembled 
on  the  motion  of  the  colonists  themselves.  An  advanced 
position  was  taken  by  Christopher  Gadsden  of  South 
Carolina,  who  asserted:  "There  ought  to  be  no  New 
England  man,  no  New  Yorker,  knowTi  on  the  continent; 
but  all  of  us  Americans."  During  the  following  year  the 
Stamp  Act  was  repealed. 
The  First  The  poHcy  of  coercion  was  still  continued  by  the  Eng- 
Si"co"rf-°  lish  government,  and  finally  the  repressive  acts  of  1774 
gress,  1//4  ^.^^^  passcd.  Again  Massachusetts,  June  17,  1774,  under 
the  leadership  of  Samuel  Adams,  called  for  a  congress 
of  all  the  colonies  and  hastened  the  meeting  through  its 
committee  of  correspondence.  Delegates  from  all  of  the 
colonies,  with  the  exception  of  Georgia,  assembled  at 
Philadelphia,  September  5,  1774.  In  this  Congress,  with- 
out legal  status,  its  representatives  having  been  chosen 
ordinarily  by  irregular  congresses  and  conventions,  there 
were  again  some  of  the  most  influential  men  in  America. 
Resolutions  were  passed  approving  the  action  of  jNIassa- 
chusetts  in  her  resistance  to  the  measures  of  Parliament, 
and  a  Declaration  of  Rights  was  prepared.  In  this  Dec- 
laration was  asserted  the  right  of  exclusive  legislation  in 
the  colonial  legislatures,  limited  only  by  the  negative  of 
"  their  sovereign  in  all  cases  of  taxation  and  internal  polity." 
An  "association"  was  adopted,  binding  the  colonists  not 
to  import  or  consume  British  goods  after  December,  1774, 
and  not  to  export  goods  to  England  or  her  colonies  after 
September,  1775.  Congress  advised  the  appointment  of 
committees  in  every  locality  who  should  recommend  that 
the  colonists  should  have  no  dealings  with  persons  who 
would  not  observe  this  policy.  Such  committees  were 
quite  generally  organized. 
The  Second  The  resolutions  of  the  First  Continental  Congress  had 
ta'rcon^-"  little  influence  on  the  English  government,  and  other 
urese,    ,i  .   jjjcasures  were  quickly  passed  carrying  out  the  policy  of 


STEPS  LEADING  TO  UNION  101 

repression.  Before  the  Second  Continental  Congress  as- 
sembled, the  battle  of  Lexington  had  been  fought  and  the 
American  forces  were  then  holding  Boston  in  a  state  of 
blockade.  This  Congress  convened  in  Philadelphia,  May 
10,  1775,  and  continued  in  session,  with  adjournments 
from  time  to  time,  until  March  1,  1781. 

All  of  the  colonies  were  represented,  and  nearly  all  of  Organiza- 
the  delegates  had  been  members  of  the  First  Continental  Congress. 
Congress.  The  members  sat  behind  closed  doors  and 
were  enjoined  to  keep  all  matters  of  discussion  absolutely 
secret.  It  was  determined  that  each  State  should  have 
one  vote  and  that  final  authority  on  all  questions  should 
rest  with  a  majority  of  the  States  assembled  in  the  Con- 
gress. 

Like  previous  Congresses,  this  one  was,  at  first,  merely  Authority 
an  advisory  body.     It  was  expected  that  all  matters  would  Congreaa. 
be  reported  back  to  the  States  for  instructions,  but  the 
crisis  had  come  and  the  situation  compelled  Congress  to 
exercise  sovereign  powers. 

Congress  at  once  took  control  of  military  affairs  and  Powers 
called  Washington  to  the  command  of  the  army  which  it  by^'^'^"'*^ 
created.  It  provided  for  a  national  currency;  organized  ""s""^^- 
a  general  post-office;  and  threw  open  American  ports  to 
the  ships  of  all  nations.  It  furth-^red  union  and  indepen- 
dence by  the  appointment  of  a  committee  to  formulate  the 
ideas  on  independence  then  prevalent;  and  of  another 
committee  to  prepare  the  form  of  confederation  to  be 
entered  into.  Between  May  10,  1775,  and  July  4,  1776, 
the  change  in  sentiment  was  rapid.  King  George  III. 
refused  to  return  a  formal  answer  to  their  last  petition  and 
proclaimed  the  colonists  "dangerous  and  ill-designing 
men."  Heretofore,  the  colonists  had  striven  for  a  union 
of  thought  and  action,  which  they  believed  to  be  the 
best  means  to  secure  those  rights  which  were  every- 
where the  heritage  of  Englishmen.     When  the  result  of 


102 


STEPS  LEADING  TO  UNION 


The  Dec- 
laration of 
Indepen- 
dence. 


The  colo- 
nies made 
States. 


The  Arti- 
cles of  Con- 
federation. 


the  last  petition  became  known,  October  31,  1775,  there 
was  no  longer  any  hesitancy  with  regard  to  the  course 
to  be  pursued.  Henceforth,  they  were  to  gather  additional 
inspiration  as  they  strove  to  secure  rights  regarded  as 
common  to  all  mankind.  These  new  views  were  em- 
bodied in  the  Declaration  of  Independence. 

Even  before  the  adoption  of  the  Declaration  of  Inde- 
pendence, Congress  recommended,  having  been  appealed 
to  for  advice  by  New  Hampshire,  South  Carolina,  and 
Virginia,  that  new  forms  of  government  should  be  estab- 
lished. By  the  year  1777  ten  States  had  framed  new  con- 
stitutions. 

The  problem  of  the  relations  between  the  general  gov- 
ernment and  the  States  was  second  in  importance  only 
to  the  problem  of  the  winning  of  independence  from  Eng- 
land. The  State  legislatures  were  held  in  greater  respect 
than  was  the  Continental  Congress.  It  became  clear, 
then,  to  some  of  the  leaders,  that  if  union  were  to  be  pre- 
served, it  would  be  necessary  to  have  a  government  more 
effective  than  a  revolutionary  assembly.  As  early  as  July 
21,  1775,  Franklin  had  seen  this  need  and  had  presented 
to  Congress  a  plan  for  "Perpetual  Union."  Action 
was  postponed  by  Congress,  and  Richard  Henry  Lee, 
the  following  year,  offered  in  connection  with  his  resolu- 
tion for  independence  another  resolution  for  the  drafting 
of  the  Articles  of  Confederation.  On  June  12,  1776,  the 
day  on  which  the  committee  was  appointed  to  draw  up 
a  Declaration  of  Independence,  Congress  also  named  a 
committee,  consisting  of  one  member  from  each  colony, 
to  prepare  a  form  of  confederation  to  be  entered  into  be- 
tween the  colonies.  The  report  of  this  committee  was 
submitted  one  month  later  by  its  chairman,  John  Dickin- 
son. A  year  and  four  months,  a  most  momentous  period 
in  the  history  of  our  country,  was  to  elapse  before  the 
Articles,  as  amended,  were   adopted    by    Congress    and 


STEPS  LEADING  TO  UNION  103 

submitted  to  the  State  legislatures  for  approval.*  Three 
years  and  a  half  more  elapsed  before  Maryland,  the  last 
State,  ratified,  March  1,  1781. 

The  adoption  of  the  Articles  of  Confederation  marks  Nature  of 
one  or  the  most  miportant  events  m  the  history  or  the  ment  es- 
United  States.  While  it  must  always  be  regarded  as  a 
weak  instrument  of  government,  we  must  not  forget  that 
the  Continental  Congress  worked  along  entirely  new 
lines,  for  never  before  had  a  confederation  so  extended 
as  this  been  even  proposed.  That  there  should  be  a 
general  desire  for  union,  no  matter  how  weak  the  tie,  was 
of  great  significance.  The  Articles  provided  for  a  Con- 
gress to  be  composed  of  not  less  than  two  nor  more  than 
seven  delegates  from  each  State.  Delegates  were  to  be 
appointed  as  the  State  legislatures  should  direct.  To 
each  State  was  given  one  vote  in  Congress. 

The  weaknesses  in  the  government  were  mainly  these :  Defects  in 
Congress  might  make  the  laws  but  could  not  enforce  mln1°^^™* 
them.  The  general  government  had  no  power  of  taxa- 
tion, but  was  obliged  to  depend  upon  the  State  legislatures 
for  necessary  revenues.  There  was  no  separate  executive 
to  enforce  and  no  judiciary  to  interpret  the  laws.  No 
important  resolution  could  be  passed  in  Congress  without 
the  votes  of  nine  States,  and  the  Articles  could  not  be 
amended  except  by  the  ratification  of  all  the  States.  Con- 
gress acted  on  the  States  and  not  on  individuals,  but  it 
had  no  power  to  coerce  the  States.  "Its  function  was  to 
advise,  not  to  command." 

The  fatal  lack  of  organization  in  the  government  early   Practical 
produced  momentous  results.     While  the  war  continued,   rhTgo\?rn- 
union  for  self-preservation  was  necessary;  but  when  peace   ™®°*" 
ensued,  the  principle  of  local  self-government  in  the  States 
became  more  manifest,     Washington  saw  the  trend  of 

*  From  July  11,  1776,  to  November  17,  1777.     See  American  History, 
pp.  184-186. 


104  STEPS  LEADING  TO  UNION 

affairs,  and  in  a  circular  letter  to  the  governors  of  the  sev- 
eral  States,  shortly  before  his  resignation  as  commander 
of  the  army,  expressed  his  views  in  the  following  words: 
"Unless  the  States  will  suffer  Congress  to  exercise  those 
prerogatives  they  are  undoubtedly  invested  with  by  the 
Constitution,  everything  must  very  rapidly  tend  to  an- 
archy and  confusion.  ..."  Had  this  appeal  been  appre- 
ciated by  the  States,  the  condition  of  anarchy  which  fol- 
lowed would  not  have  occurred.  But  the  jealousy  of  the 
States  for  the  central  government  continued  to  increase; 
the  State  interests  became  dominant,  and  that  most  dan- 
gerous period  of  our  history,  extending  from  1783  to  1788, 
well  called  the  "critical  period,"  succeeded.  It  was  ap- 
parent that  the  government  under  the  Articles  of  Confed- 
eration was  a  failure  and  that  the  Nation  was  drifting 
rapidly  toward  anarchy  and  open  rebellion.  Fortunately 
in  this  darkest  hour  there  came  forward  Washington, 
Franklin,  Hamilton,  Madison,  and  other  leaders  who  were 
prepared,  if  need  be,  to  make  compromises,  but  who  were 
determined  to  preserve  the  elements  of  union  already 
secured. 

Supplementary  Questions  and  References 

1.  For  a  discussion  of  the  topics  in  this  chapter  see  American 
History,  chapter  12. 

2.  Who  were  the  Lords  of  Trade,  and  what  was  their  attitude 
toward  the  colonies?  Why  was  the  spirit  manifested  by  the 
colonial  governors  a  cause  for  co-operation  between  the  colonies  ? 
Why  was  Federal  union  hopeless?  Fiske,  American  Revolution, 
I,  1-6. 

3.  Why  were  not  the  colonies  of  Rhode  Island  and  Maine 
included  in  the  New  England  Confederacy  ?  Fiske,  Beginnings 
of  New  England,  155-158. 

4.  Read  the  Articles  of  Confederation  of  the  United  Colonies 
of  New  England.  American  History  Leaflets,  No.  7.  1.  Rea- 
sons for  "consotiation."    2.  In  what  way  were  the  apportion- 


STEPS  LEADING  TO  UNION  105 

ments  of  men  and  expenses  to  be  made?  3.  The  numbers, 
qualifications,  and  authority  of  the  commissioners?  4.  The 
significance  of  the  provision  relative  to  fugitives?  5.  Reasons 
for  the  dissolution  of  the  league?  Fiske,  Beginnings  of  New 
England,  159. 

5.  For  a  summary  of  the  intercolonial  conferences  see  Froth- 
ingham,  Rise  of  the  Republic,  118-120;  American  History  Leaf- 
lets, No.  14. 

6.  After  reading  the  Albany  Plan,  give  reasons  for  the  state- 
ments made  by  Franklin.  Old  South  Leaflets,  No.  9.  How 
were  the  members  to  be  apportioned  among  the  colonies?  Give 
a  list  of  the  powers  of  the  central  government  under  this  plan. 
Did  it  possess  full  power  to  make  laws  ? 

7.  Why  were  not  all  of  the  colonies  represented?  Fiske,  The 
American  Revolution,  I,  21. 

8.  What  was  the  origin  of  the  Committees  of  Correspondence 
and  how  did  they  aid  in  unification?  Sloane,  The  French  War 
and  the  Revolution,  161,  162;  Hart,  Formation  of  the  Union,  57. 

9.  How  were  the  delegates  to  the  Second  Continental  Congress 
appointed?  What  was  the  character  of  this  Congress?  Hart, 
Formation  of  the  Union,  73,  74;  Fiske,  The  Critical  Period  of 
American  History,  92,  93. 

10.  Why  was  the  adoption  of  the  Articles  of  Confederation  so 
long  delayed  ?  Hart,  American  History  Told  by  Contemporaries, 
n,  539-543;  Fiske,  The  Critical  Period  of  American  History, 
93,  94;  Walker,  The  Making  of  the  Nation,  6;  Hart,  Formation 
of  the  Union,  93-95. 

11.  Read  the  Articles  of  Confederation,  Appendix  B.  1.  How 
was  the  Congress  composed?  2.  The  number  necessary  for 
a  quorum?  3.  The  powers  of  Congress?  4.  Powers  of  the 
separate  States? 

12.  What  was  the  attitude  toward  union  during  the  period 
1783-1788? 

13.  Were  there  notable  bonds  of  union  even  at  this  time? 
What  other  influences  have  increased  this  sentiment?  Fiske, 
The  Critical  Period  of  American  History,  55-63;  Walker,  The 
Making  of  the  Nation,  7,  8. 


CHAPTER  XIII 


THE  CONSTITUTIONAL  CONVENTION 


Events 
leading  to 
the  Consti- 
tutional 
Conven- 
tion. 


The  meet- 
ing at 
Annapolis 
and  its 
results. 


Among  the  many  difficulties  referred  to  in  the  previous 
chapter,  there  were  constant  disputes  between  Virginia 
and  Maryland  relative  to  the  navigation  of  the  Potomac 
River  and  of  Chesapeake  Bay.  Finally,  in  March,  1785, 
three  commissioners  from  these  States,  on  the  rec- 
ommendation of  Mr.  Madison,  met  at  Alexandria,  Va., 
for  the  purpose  of  considering  the  difficulties.  They  soon 
adjourned  to  INIount  Vernon.  While  there,  Washington 
proposed  that  they  include  in  their  report  the  recommenda- 
tion that  there  should  also  be  a  uniform  system  of  duties 
and  a  uniform  currency.  It  was  seen,  however,  that  if 
anything  permanent  in  these  matters  was  to  be  accom- 
plished, all  of  the  States  must  join  in  an  agreement.  In 
January  of  the  following  year,  Virginia  invited  the  other 
States  to  send  delegates  to  a  convention  at  Annapolis  to 
consider  the  condition  of  commerce  and  duties  on  imports. 

There  were  present  at  Annapolis,  September  11,  1786, 
commissioners  from  Virginia,  Delaware,  Pennsylvania, 
New  Jersey,  and  New  York.  Commissioners  from  some 
of  the  other  States  were  on  their  way,  but  Maryland, 
Georgia,  South  Carolina,  and  Connecticut  had  appointed 
none.  Nothing  permanent  could  be  accomplished  with 
so  few  States  represented;  but  before  adjourning  they 
agreed  to  a  resolution  framed  by  Alexander  Hamilton 
which  proposed  a  convention  to  be  composed  of  commis- 
sioners from  all  the  States  to  meet  at  Philadelphia  on  the 
second  Monday  in  May,  1787,  for  the  purpose  of  amending 
the  Articles  of  Confederation.     Copies  of  this  resolution 

106 


THE  CONSTITUTIONAL  CONVENTION    107 

were  sent  to  all  of  the  States  and  also  to  Congress.  Not 
until  delegates  had  been  appointed  by  six  States  did  Con- 
gress practically  approve  of  the  plan  by  recommending 
to  the  States  a  convention  identical  with  the  one  already 
provided  for  by  the  Annapolis  resolution.  The  remain- 
ing States,  Rhode  Island  excepted,  soon  appointed  dele- 
gates. 

The  day  fixed  for  the  Convention  was  IMay  14,  1787,   The 

.  p     1    1  Federal 

but  not  until  May  25  was  there  a  quorum  of  delegates  Convention, 
from  seven  States  present  at  Philadelphia.  The  number  of 
delegates  to  be  sent  by  each  State  had  not  been  specified; 
and  in  order  that  the  States  should  have  equal  powers, 
one  of  the  first  standing  rules  adopted  provided  that  the 
voting  should  be  by  States.  Seventy-three  delegates  were 
appointed  as  members  in  this,  one  of  the  most  memorable 
assemblies  the  w^orld  has  ever  known,  but  only  fifty-five 
attended.  Twenty-nine  of  the  number  were  university 
men.  With  but  few  exceptions,  the  men  who  had  been 
particularly  prominent  in  the  days  of  the  Revolution  were 
present.  Among  them  were  Washington,  who  was  unani- 
mously chosen  President  of  the  Convention,  and  Franklin, 
whose  fame  as  diplomat  and  legislator  was  world-wide. 
Neither  of  these  men  took  an  active  part  in  the  debates, 
but  their  presence  gave  inspiration  to  the  others  and  they  ^ 

had  untold  influence  at  critical  times. 

On  May  22,  while  some  of  the  delegates,  in  their  fears  peiesates 
of  displeasing  the  people,  were  recommending  half-way  anee. 
measures,  Washington  gave  expression  to  that  sentiment 
which  was  to  dominate  in  the  future  debates  of  the  Con- 
vention. He  said:  "It  is  too  probable  no  plan  we  pro- 
pose will  be  adopted.  Perhaps  another  dreadful  conflict 
is  to  be  sustained.  If  to  please  the  people,  we  offer  what 
we  ourselves  disapprove,  how  can  we  afterwards  defend 
our  work  ?  Let  us  raise  a  standard  to  which  the  wise  and 
the  honest  can  repair;  the  event  is  in  the  hand  of  God." 


108    THE  CONSTITUTIONAL  CONVENTION 

Other  signers  of  the  Declaration  of  Independence  present 
besides  Franklin  were  Roger  Sherman,  of  Connecticut; 
George  Read,  of  Delaware;  Elbridge  Gerry,  of  Massachu- 
setts; Robert  Morris,  of  Pennsylvania;  and  Chancellor 
Wythe,  of  Virginia.  Virginia  also  sent  George  Mason, 
Edmund  Randolph,  and  James  Madison;  Massachusetts, 
Caleb  Strong,  Nathaniel  Gorham,  and  Rufus  King. 
Delaware  sent  John  Dickinson.  Pennsylvania  was  repre- 
sented by  James  Wilson,  the  great  jurist,  and  Gouvemeur 
Morris,  "whose  correctness  of  language"  led  him  to  be 
selected  to  prepare  the  final  draft  of  the  constitution;  and 
Connecticut  by  Oliver  Ellsworth,  one  of  the  greatest  law- 
yers of  the  day,  who  afterward  became  Chief-Justice,  and 
William  S.  Johnson,  who  became  President  of  Columbia 
College.  Among  the  other  more  notable  members  were 
Alexander  Hamilton,  of  New  York;  Governor  William  Pat- 
erson,  of  New  Jersey;  Luther  Martin,  of  Maryland;  and  the 
two  Pinckneys  and  John  Rutledge,  from  South  Carolina. 
Notable  John  Adams  and  Thomas  Jefferson  were  then  in  Eu- 

present.  ropc,  and  Samuel  Adams,  Patrick  Henry,  and  Richard 
Henry  Lee  disapproved  of  the  Convention. 

Our  knowl-       The  Convention  lasted  from  May  25  to  September  17,  1787. 

ConvMitioa?  The  members  sat  behind  closed  doors,  and  the  charge  of  secrecy 
with  regard  to  the  proceedings  was  placed  on  them.  The  official 
journal  was  entrusted  to  Washington,  who  deposited  it  in  the 
public  archives  in  1796.  It  was  published  in  1819  as  a  part 
of  volume  one  of  Elliot's  Debates.  We  can  gather  little  from 
the  journal  with  regard  to  what  was  actually  said  by  the  mem- 
bers, but  fortunately  Mr.  Madison,  with  an  appreciation  of  the 
consequences  of  the  Convention,  decided  to  give  as  nearly  as 

„   ..      ,       possible  an  exact  report  of  the  proceedings.     He  wrote:     "Nor 

"journal,"  was  I  imaware  of  the  value  of  such  a  contribution  to  the  fund 
of  materials  for  the  history  of  a  Constitution  on  which  would 
be  staked  the  happiness  of  a  people  great  even  in  its  infancy, 
and  possibly  the  cause  of  liberty  throughout  the  world."  These 
notes  were  purchased  by  the  government  from  Mrs.  Madison  in 
1837  for  $30,000,  and  pubUshed  for  the  first  time  in  1839. 


50 


THE  CONSTITUTIONAL  CONVENTION    109 
The  magnitude  of  the  labor  of  the  Constitutional  Con-  Plans  and 

,  1  11  J    •       Tvr     V  >       compro- 

vention  can  be  understood  only  as  we  read  in  Madison  s  mises. 
notes  the  report  of  the  discussions.  The  actual  work 
of  the  Convention  was  begun  on  May  30,  when  it  went 
into  committee  of  the  whole  for  the  purpose  of  consid- 
ering a  series  of  fifteen  resolutions  which  had  been  pre- 
sented the  day  before  by  Governor  Edmund  Randolph, 
of  Virginia.  The  plan  of  government  set  forth  in  them.  The  vir- 
known  as  the  Virginia  Plan,  was  largely  the  work  of  Mr.  ^°'^ 
Madison.  It  was  considered  until  June  13,  and  after 
certain  amendments  had  been  adopted  was  reported  back 
favorably  to  the  Convention.  Among  the  most  important 
provisions  finally  submitted  were  the  following:  (1) 
That  a  National  government  should  be  formed  possessing 
supreme  legislative,  executive,  and  judicial  powers;  (2) 
that  the  legislative  power  should  be  vested  in  a  Congress 
of  two  separate  houses — a  House  of  Delegates  to  be  chosen 
by  the  people  of  the  States,  and  a  Senate  to  be  elected  by 
the  House  of  Delegates;  that  the  representation  in  both 
houses  should  be  based  on  population  or  on  contributions 
to  the  support  of  the  government;  and  that  the  execu- 
tive should  be  chosen  by  both  houses  of  Congress,  and  the 
judiciary  by  the  Senate.  This  scheme  had  been  fiercely 
attacked  in  the  committee  by  the  delegates  from  the 
smaller  States,  who  desired  to  maintain  equality  of  State 
representation.  It  was  clear  that  if  the  plan  proposed 
were  adopted  the  government  would  pass  into  the  hands 
of  the  large  States. 

Frustrated  in  their  desires,  the  small  States  agreed  The  New 
upon  a  series  of  eleven  resolutions,  known  as  the  New  pian. 
Jersey  Plan,  which  were  presented  by  Mr.  Paterson  of 
that  State  on  June  15.  They  provided  for  a  continuance 
of  the  government  under  the  Articles  of  Confederation, 
which  were  to  be  revised  in  such  a  manner  as  to  give  to 
Congress  the  power  to  regulate  commerce,  to  raise  revenue, 


no    THE  CONSTITUTIONAL  CONVENTION 

and  to  coerce  the  States.  This  plan  had  been  agreed  upon 
among  the  members  from  Connecticut,  New  York,  New 
Jersey,  Delaware,  and  Luther  Martin,  of  Maryland.  The 
New  Hampshire  delegates  had  not  yet  arrived.  Con- 
necticut and  New  York  were  against  a  departure  from 
the  principle  of  confederation,  wishing  rather  to  add  a 
few  new  powers  to  Congress  than  to  substitute  a  National 
government. 


The 

Pinckney 

resolutions. 


Hamilton's 
views 


On  the  same  day  that  Governor  Randolph  presented  the  Vir- 
ginia Plan,  Charles  Pinckney,  of  South  Carolina,  presented  a 
series  of  resolutions  founded  on  similar  i^rinciples.  It  never 
received  a  separate  consideration  but  had  considerable  influence 
on  parts  of  the  Constitution. 

On  June  18,  in  the  midst  of  the  crisis  as  to  whether  a  national 
or  a  federal  government  should  be  established,  Hamilton  made 
his  celebrated  speech  in  opposition  to  both  plans.  He  wanted 
a  highly  centraUzed  government.  "  Governors,"  "senators,"  and 
"judges  "  were,  according  to  his  view,  to  hold  office  during  good 
behavior. 


The  Vir- 
ginia vs. 
the  New 
Jersey  Plan 


For  three  days  the  contest  waxed  hot  over  the  merits 
and  defects  of  these  plans.  It  was  asserted  by  those  who 
opposed  the  Virginia  Plan  that  it  would  destroy  the  sov- 
ereignty of  the  States.  They  believed  also  that  they  did 
not  possess  the  power  to  create  such  a  government.  Said 
Paterson:  "I  came  here  not  to  speak  my  own  senti- 
ments but  the  sentiments  of  those  who  sent  me.  Our 
object  is  not  such  a  government  as  may  be  best  in  itself, 
but  such  a  one  as  our  constituents  have  authorized  us  to 
prepare  and  as  they  will  approve."  To  this  sentiment 
Randolph  replied:  "When  the  salvation  of  the  Republic 
is  at  stake,  it  would  be  treason  not  to  propose  what  we 
find  necessary."  Finally  the  arguments  of  Madison,  Wil- 
son, and  King  triumphed  and  the  Virginia  Plan  was  again 
presented  to  the  Convention.  The  debates  became  even 
more   heated    than    before,    as    resolution    after    resolu- 


THE  CONSTITUTIONAL  CONVENTION    111 

tion  was  taken  up.  The  critical  time  came  when  the 
clause  which  provided  for  proportional  representation 
was  reached.  Luther  Martin  contended  with  great  vehe- 
mence, "That  the  States,  being  equal,  cannot  treat  or 
confederate  so  as  to  give  up  an  equality  of  votes  without 
giving  up  their  liberty;  that  the  propositions  on  the  table 
are  a  system  of  slavery  for  ten  States;  that  as  Virginia, 
Massachusetts,  and  Pennsylvania  have  forty-two  ninetieths 
of  the  votes,  they  can  do  as  they  please,  without  a  mirac- 
ulous union  of  the  other  ten."  Others  claimed  they  would 
rather  submit  to  a  foreign  power  than  be  deprived  of  equal- 
ity of  suffrage  in  both  branches  of  the  legislature.  The  The  Con- 
Convention  was  on  the  verge  of  dissolution  when  Johnson,  compro- 
of  Connecticut,  brought  forward  a  compromise  based  on 
the  different  methods  by  which  members  of  the  two  houses 
were  chosen  in  that  State.  This  provided  that  the  House 
of  Representatives  should  be  composed  of  members  elected 
on  the  basis  of  population,  while,  in  the  Senate,  large 
and  small  States  were  to  be  equally  represented.  Finally, 
after  eleven  more  days  of  discussion,  this,  the  first  great 
compromise,  was  adopted. 

The  adoption  of  the  compromise  was  virtually  a  victory 
for  the  Virginia  Plan.  When  the  smaller  States  were 
given  an  equal  vote  in  the  Senate,  they  no  longer  feared 
that  they  w^ould  be  absorbed,  so  they  united  with  the 
larger  States  in  giving  yet  greater  powers  to  the  general 
government. 

How  was  the  number  of  Representatives  to  be  deter-  The  second 
mined  was  another  serious  problem.  It  was  agreed  that  fifths  com- 
all  free  persons  should  be  counted.  There  was  little  ob- 
jection offered  to  counting  those  persons  bound  to  ser- 
vice for  a  term  of  years  and  to  the  excluding  of  Indians 
not  taxed.  The  chief  debate  arose  over  the  question 
whether  the  slaves  should  be  included  in  the  enumera- 
tion.    The    South    Carolina    delegates    maintained    that 


promise. 


112    THE  CONSTITUTIONAL  CONVENTION 


The  third 
compro- 


Influence 
of  the  com- 
promisea. 


slaves  were  a  part  of  the  population,  and  as  such  should 
be  counted.  Objections  were  made  that  slaves  were  not 
represented  in  the  legislatures  of  that  and  other  States, 
and,  in  consequence,  ought  not  to  be  represented  in  the 
National  legislature;  also,  that  they  were  regarded  in 
those  States  merely  as  property,  and  as  such  should  not 
be  represented.  There  was  grave  danger  that  the  work 
of  the  Convention  would  fail  at  this  point.  Finally,  a 
proposition  was  introduced  to  the  effect  that  slaves  were 
to  be  represented  as  "other  persons,"  three-fifths  of 
whom  were  to  be  counted.  Another  clause  was  inserted 
for  the  purpose  of  reconciling  the  non-slaveholding  States 
to  this  provision:  that  "direct  taxes  should  be  apportioned 
in  the  same  manner  as  Representatives." 

The  third  great  compromise  grew  out  of  the  question 
of  the  foreign  slave  trade.  South  Carolina  and  Georgia 
were  anxious  that  this  should  be  continued.  This  was 
opposed  by  the  Northern  States  and  by  some  of  the  South- 
em.  On  the  other  hand.  New  England  members,  es- 
pecially, because  of  their  interest  in  commerce,  feared  the 
results  which  would  ensue  if  each  State  was  allowed  to  be 
independent  in  commercial  matters.  They  wanted  the 
general  government  to  have  complete  control  of  commerce. 
But  this  was  resisted  by  some  of  the  Southern  delegates, 
who  thought  that,  by  some  act  of  legislation,  the  trade  in 
slaves  might  be  prohibited.  Finally  a  compromise  was 
agreed  upon  which  gave  Congress  power  over  commerce 
but  forbade  any  act  which  might  prohibit  the  importa- 
tion of  slaves  prior  to  1808.  It  was  also  agreed  that  a  tax 
of  ten  dollars  each  might  be  laid  on  all  slaves  imported. 

While  the  Constitution  may  be  said  to  be  made  up  of  a 
series  of  compromises,  these  three  settled,  for  the  time,  the 
questions  which  were  most  vital,  and  rendered  the  further 
work  of  the  Convention  possible.  It  has  been  sometimes 
asserted  that  there  should  have  been  no  half-way  meas- 


THE  CONSTITUTIONAL  CONVENTION    113 

ures  on  slavery;  that  had  the  question  of  slavery  been 
settled  at  that  time  there  need  not  have  been  a  Civil  War. 
But,  as  already  noted,  without  compromises  the  work  of 
the  Convention  must  have  failed,  and  political  anarchy 
would  have  been  inevitable,  the  results  of  which  would 
have  been  even  more  disastrous  than  the  effects  of  that 
terrible  period  of  warfare  between  1861  and  1865. 

The  Constitution  divided  power  among  three  practically  some  of 
independent  departments  of  government,  viz.,  the  Legis-  LatuTes'Sf 
lative,  the  Executive,  and  the  Judicial.     In  place  of  the  emment.^°** 
single  house  of  the  confederation  there  was  to  be  formed 
a  legislative  body  consisting  of  two  houses.     Experience 
had  proved  that  a  strong  executive  power  was  necessary 
to  enforce  the  laws.     It  was  finally  agreed  to  entrust  this 
power  to  a  single  person,  the  President. 

Hamilton  characterized  the  lack  of  a  judiciary,  under  Authority 
the  confederation,  as  the  crowning  defect  of  that  govern-  govern- 
ment. The  conviction  that  the  Federal  judiciary  should  ^Wished, 
constitute  one  of  the  three  parts  of  the  government  was 
general  in  the  Convention,  and  after  a  brief  discussion 
provision  was  made  for  it.  The  Federal  government, 
according  to  the  Constitution,  was  no  longer,  as  under 
the  Articles  of  Confederation,  to  be  the  agent  of  or  to 
be  dependent  upon  the  States,  Its  laws  were  to  be  im- 
perative, not  advisory  merely,  and  were  to  operate  upon 
persons  and  not  States.  Certain  significant  powers  were 
bestowed  upon  the  National  government,  such  as  the  right 
to  tax;  to  regulate  commerce;  to  make  war  and  peace; 
to  support  an  army  and  navy;  and  to  coin  money.  The 
peculiarity  of  the  new  government  lies  in  the  division  of 
powers  between  State  and  National  authorities.  The 
National  government  was  to  exercise  certain  powers 
enumerated  in  the  Constitution.  All  other  powers  not 
prohibited  by  the  Constitution  to  the  States  were  to  be 
reserved  to  the  States  or  to  the  people. 


114    THE  CONSTITUTIONAL  CONVENTION 


Signers  of 
the  Consti- 
tution. 


Madison's 

"Journal," 

763. 


Ratifica- 
tion of  the 
Constitu- 
tion. 


The  final  draft  of  the  Constitution,  prepared  by  Gouv- 
emeur  Morris,  was  then  submitted  to  the  delegates  for 
their  signatures.  Thirty-nine  members,  representing 
twelve  States,  affixed  their  names  to  the  document,  and  on 
September  17  the  Convention  adjourned.*  While  the 
last  signatures  were  being  written,  Franklin  said  to  those 
standing  near  him  as  he  called  attention  to  a  sun  blazoned 
on  the  back  of  the  President's  chair:  "I  have,  often 
and  often,  in  the  course  of  the  session,  and  the  vicissi- 
tudes of  my  hopes  and  fears  as  to  its  issue,  looked  at  that 
behind  the  President,  without  being  able  to  tell  whether 
it  was  rising  or  setting;  but  now,  at  length,  I  have  the 
happiness  to  know  that  it  is  a  rising  and  not  a  setting 
sun." 

The  Constitution  was  first  submitted  to  Congress 
September  20,  and  the  following  day  it  became  known 
to  the  people  through  the  New  York  daily  papers.  For 
eight  days  the  document  was  attacked  by  its  opponents 
in  Congress,  but  finally  it  was  transmitted  to  the  State 
legislatures  to  be  sent  by  them  to  State  conventions  chosen 
by  the  people.  This  process  of  ratification  was  provided 
for  by  Article  VII  of  the  Constitution,  as  follows: 
Article  VII.  The  ratification  of  the  conventions  of  nine  States  shall  he 
sufficient  for  the  establishment  of  this  Constitution  between 
the  States  so  ratifying  the  same. 

The  period  included  between  September  28,  1787, 
when  Congress  unanimously  resolved  to  transmit  the 
Constitution  to  the  State  legislatures,  and  June  21,  1788, 
the  date  when  it  had  been  ratified  by  the  necessary  nine 
States,!  was  one  of  the  most  critical  in  our  history.  Every- 
where the  Constitution  was  violently  attacked.  Political 
parties  in  a  truly  national  sense  were  formed  for  the 

*  See  Appendix  A. 

t  The  State  legislatures   submitted   the  Constitution  to  State  Con- 
▼entions. 


THE  CONSTITUTIONAL  CON^^ENTION    115 

first  time.  Those  who  supported  the  Constitution  called 
themselves  Federalists,  and  those  opposed  Anti-Federal- 
ists. 

In  general,  the  opponents  of  the  Constitution  desired   Argu- 

•  PI-.  1       p  1     n^snts  for 

more  extensive  powers  for  the  States,  and  were  to  be  found   and  against 

,1  1  1  1-111  1  theConsti- 

iargely  among  the  rural  population  and  debtor  classes,  tution. 
Its  advocates,  the  Federalists,  were  the  men  of  wealth  and 
the  inhabitants  of  the  manufacturing  and  commercial 
centres.  Among  the  leaders  who  ably  defended  the  views 
of  the  opposition,  the  Anti-Federalists,  were  Richard 
Henry  Lee,  Elbridge  Gerry,  George  Clinton,  and  Patrick 
Henry.  It  was  urged  that  the  President  would  become  a 
despot,  the  House  of  Representatives  a  corporate  tyrant, 
and  the  Senate  an  oligarchy;  that  equality  of  representa- 
tion in  the  Senate  was  an  injustice  to  the  large  States;  and 
that  there  was  no  Bill  of  Rights.  The  views  of  the  Feder- 
alists are  well  presented  in  a  letter  written  by  Washington, 
on  his  return  from  the  Convention,  to  Patrick  Henry,  in 
which  he  says:  "I  wish  the  Constitution  which  is  offered 
had  been  more  perfect;  but  it  is  the  best  that  could  be 
obtained  at  this  time,  and  a  door  is  open  for  amendments 
hereafter.  The  political  concerns  of  this  country  are 
suspended  by  a  thread.  The  Convention  has  been  looked 
up  to  by  the  reflecting  part  of  the  community  with  a  solici- 
tude which  is  hardly  to  be  conceived,  and  if  nothing  had 
been  agreed  on  by  that  body,  anarchy  would  soon  have 
ensued,  the  seeds  being  deeply  sown  in  every  soil." 

Political  letters,  tracts,  and  pamphlets  flooded  the  The 
country.  The  most  noted  articles  in  opposition  were  the 
"Letters  from  the  Federal  Farmer,"  prepared  for  the  press 
of  the  country  by  Richard  Henry  Lee.  No  influence  was 
more  noteworthy  in  bringing  about  ratification  than  the 
series  of  political  essays  afterw'ard  collected  under  the 
title  of  "The  Federalist."  They  present  the  cause  with 
such  logic  that  to-day  they  are  considered  the  best  com- 


116    THE  CONSTITUTIONAL  CONVENTION 


The  Consti- 
tution in 
the  State 
conven- 
tions. 


The  new 
govern- 
ment put 
into 
operation. 


mentary  on  the  Constitution  ever  written.  Alexander 
Hamilton  inaugurated  the  plan  and  wrote  51  of  the  85 
numbers.     James  Madison  wrote  29  and  John  Jay  5. 

December  6,  1787,  the  ratification  of  the  Constitution 
was  secured  in  Delaware,  the  first  State,  without  a  dis- 
senting vote,  and  Pennsylvania,  New  Jersey,  Georgia, 
and  Connecticut  quickly  followed.  Much  depended  on 
the  action  of  the  INIassachusetts  convention.  After  pro- 
longed debate  the  delegates  were  induced  to  accept  the 
proposition  that  amendments  might  be  made  which  would 
take  the  place  of  a  Bill  of  Rights,  and  adopted  the  Con- 
stitution by  a  vote  of  187  to  1C8.  The  ratification  of 
INIaryland  and  South  Carolina  soon  followed,  and  the 
ninth  State  was  secured  by  the  ratification  of  New  Hamp- 
shire, June  21,  1788.  Virginia  ratified,  June  25,  with 
a  vote  of  89  in  favor  and  79  opposed,  and  New  York, 
July  26,  with  30  affirmative  votes  and  27  negative.  It 
was  not  until  November  21,  1789,  that  North  Carolina 
voted  to  accept  the  Constitution,  while  Rhode  Island  held 
out  until  May  29,  1790. 

When  the  ratification  of  the  ninth  State  had  been  se- 
cured. Congress  appointed  a  special  committee  to  frame 
an  act  for  putting  the  Constitution  into  operation.  It  was 
enacted  that  the  first  Wednesday  in  January  should  be 
the  day  for  appointing  electors;  that  the  electors  should 
cast  their  votes  for  President  on  the  first  Wednesday  in 
February,  and  that  on  the  first  Wednesday  of  IMarch  the 
new  government  should  go  into  oi)eration.  It  was  not 
until  April  1  that  a  quorum  was  secured  in  the  House 
of  Representatives,  and  in  the  Senate  not  until  April  6. 
The  electoral  votes  *  were  counted  in  the  presence  of  the 
two  houses  on  April  6.  The  inauguration  of  President 
Washington  did  not  take  place,  however,  until  April  30. 


*  New  York  did  not  choose  electors,  and  North  Carolina  and  Rhode 
Island  had  not  ratified  the  Constitution. 


THE  CONSTITUTIONAL  CONVENTION    117 
Havin":  considered  some  of  the  problems  of  the  Con-  Origin  of 

1  I'll  1         •  !«      1         ''^^  Constl- 

vention  and  those  connected  with  the  adoption  of  the  tuUon. 
Constitution,  we  next  inquire  as  to  the  origin  of  this  epoch- 
making  document.  The  often-quoted  words  of  Mr.  Glad- 
stone, which  have  no  doubt  been  misinterpreted,  have  been 
used  to  strengthen  the  view  that  the  Constitution  was  the 
creation  of  the  Convention.  He  said:  "As  the  British 
Constitution  is  the  most  subtle  organism  which  has  pro- 
ceeded from  progressive  history,  so  the  American  Consti- 
tution is  the  most  wonderful  work  ever  struck  off  at  a  given 
time  by  the  brain  and  purpose  of  man."  An  analysis  of  the 
Constitution  shows  that  there  are  some  provisions  which 
are  new  and  that  English  precedent  has  had  an  influence, 
but  that  the  main  features  were  derived  from  the  constitu- 
tions of  the  States.  INIany  of  the  delegates  of  the  Consti- 
tutional Convention  had  helped  to  frame  these  State 
constitutions,  and  all  were  familiar  with  their  practical 
workings.  Thus,  the  Convention  was  "led  astray  by  no 
theories  of  what  might  be  good,  but  clave  closely  to  what 
experience  had  demonstrated  to  be  good."  *  The  fol- 
lowing familiar  statement  is  an  excellent  summary: 
"Nearly  every  provision  of  the  Federal  Constitution  that 
has  worked  well  is  one  borrowed  from  or  suggested  by 
some  State  constitution;  nearly  every  provision  that  has 
worked  badly  is  one  which  the  Convention,  for  want  of  a 
precedent,  was  obliged  to  devise  for  itself." 

With  the  exceptions  of  the  constitutions  of  Pennsylvania  and   influence  of 
of  Georgia,  all  of  the  State  constitutions,  in  1787,  provided  for   cong^ij^u! 
legislatures  of  two  houses.     The  term  "Senate"  was  used  to   tions. 
designate  the  upper  house  in  Maryland,   Massachusetts,   New    Princeton 
York,   North  Carolina,   New  Hampshire,   South  Carolina,  and    iv^i*;^. 
Virginia;   and  "House  of  Representatives"  was  commonly  used 
for  the  lower  house.     The  constitution  of  Delaware  provided  for 
the  election  of  one-third  of  the  senators  every  two  years,  and 
the  New  York  constitution  made  provision  for  taking  a  census 
*  James  Russell  Lowell,  address  of  April  13,  1888. 


118    THE  CONSTITUTIONAL  CONVENTION 


New 
features 
of  the 
Constitu- 
tion. 


Authority 
and  pur- 
poses of  the 
Constitu- 
tion. 


The 
preamble. 


once  in  seven  years  for  the  purpose  of  apportioning  the  Repre- 
sentatives. As  already  noted,  Connecticut  furnished  the  ex- 
ample for  equal  representation  of  the  States  in  the  Senate  and 
for  proportional  representation  in  the  House  of  Representatives. 
In  nearly  all  of  the  State  constitutions,  each  House  was  given 
the  power  to  decide  the  election  of  its  members,  make  rules, 
publish  a  journal,  and  adjourn  from  day  to  day.  "All  bills  for 
raising  revenue  must  originate  in  the  House"  is  found  almost 
word  for  word  in  the  Massachusetts  and  New  Hampshire  consti- 
tutions. The  powers  of  President  and  Vice-President  resemble 
closely  those  granted  the  governor  and  lieutenant-governor. 
Other  important  provisions  were,  no  doubt,  derived  from  the 
State  constitutions,  such  as  the  process  of  impeachment,  the 
veto  power,  the  first  ten  amendments,  and  the  President's  mes- 
sage. 

Professor  Alexander  Johnston,  in  the  article  the  substance  of 
which  has  just  been  given,  states  that  while  a  judicial  system 
existed  as  a  part  of  the  State  governments,  the  "  great  achieve- 
ment of  the  Convention  was  the  erection  of  the  judiciary  into  a 
position  as  a  co-ordinate  branch  of  the  government."  He  says 
also  that  "  the  process  of  electing  the  President  is  almost  the  only 
feature  not  a  natural  growth." 

It  was  evidently  the  intention  of  the  framers  of  the 
Constitution  to  found  a  government  deriving  its  author- 
ity from  the  people  rather  than  from  the  States.  The 
purposes  for  which  this  was  done  are  set  forth  in  the  fol- 
lowing enacting  clause,  commonly  called  the  preamble: 

"We,  the  people  of  the  United  States,  in  order  to  form  a 
more  perfect  union,  establish  justice,  insure  domestic  tran- 
quillity, provide  for  the  common  defense,  promote  the  gen- 
eral welfare,  and  secure  the  blessings  of  liberty  to  ourselves 
and  our  posterity,  do  ordain  and  establish  this  Constitu- 
tion for  the  United  States  of  America." 

This  clause  was  attacked  vigorously  by  the  opponents 
of  the  Constitution,  and  especially  in  the  Virginia  and 
the  North  Carolina  conventions.  Said  Patrick  Henry: 
"And  here  I  would  make  this  inquiry  of  those  worthy 
characters   who   composed   a   part  of  the   late    Federal 


THE  CONSTITUTIONAL  CONVENTION    119 

Convention.  ...  I  have  the  highest  veneration  for  those 
gentlemen;  but  sir,  give  me  leave  to  demand,  what  right 
had  they  to  say  We  the  people?  .  .  .  "Who  authorized 
them  to  speak  the  language  of,  We  the  people,  instead  of, 
We  the  States?  If  the  States  be  not  the  agents  of  this 
compact,  it  must  be  one  great,  consolidated.  National 
government,  of  the  people  of  all  the  States."  It  was 
argued,  on  the  other  hand,  by  Randolph,  INIadison,  and 
others,  that  the  government  under  the  Articles  of  Con- 
federation was  a  failure  and  that  the  only  safe  course  to 
pursue  was  to  have  a  government  emanating  from  the 
people  instead  of  from  the  States,  if  the  union  of  the  States 
and  the  preservation  of  the  liberties  of  the  people  were  to 
be  preserved. 


Supplementary  Questions  and  References 

1.  Consult  American  History,  chapter  13,  for  additional  ma- 
terial on  the  topics  in  this  chapter. 

2.  Why  was  Annapolis  selected  as  the  place  of  meeting? 
Madison,  Journal  of  the  Constitutional  Convention,  37. 

3.  For  an  account  of  Hamilton's  resolution  and  its  origin, 
see  Madison's  Journal,  37-41. 

4.  Was  the  calling  of  a  convention  to  remodel  the  articles  a 
new  idea?     Madison's  Journal,  43-45. 

5.  W'hy  did  Congress,  at  first,  object  to  the  Hamilton  resolu- 
tion?    Fiske,  Critical  Period  of  American  History,  217. 

6.  State  the  problems  connected  with  the  appointment  of  dele- 
gates in  some  of  the  States.  McIVIaster,  History  of  the  People 
of  the  United  States,  I,  390-399. 

7.  For  an  account  of  the  members  of  the  Convention,  see  Hart, 
American  History  told  by  Contemporaries,  III,  205-211. 

8.  For  the  contributions  of  the  individuals  and  the  classes  of 
delegates,  see  Walker,  The  Making  of  the  Nation,  23-27;  Fiske, 
Critical  Period,  224-229;   McMaster,  I,  418-423. 

9.  Why  did  not  Hamilton  take  a  prominent  part  in  the  debate 


120    THE  CONSTITUTIONAL  CONVENTION 

before  June  18  ?     Give  the  chief  points  in  his  address  of  that  date. 
Madison's  Journal,  175-187. 

10.  What  were  the  significant  points  made  by  Madison  in  his 
speech  of  June  19  ?     Madison's  Journal,  187-196. 

11.  Why  did  the  New  York  delegates  leave  the  Convention? 
Bancroft,  VI,  259-260;   Fiske,  Critical  Period,  254. 

12.  What  was  the  attitude  of  the  various  members  of  the  Con- 
vention toward  the  Constitution  ?  Who  refused  to  sign  ?  Their 
reasons?     Bancroft,  VI,  364-367. 

13.  Discuss  the  peculiar  conditions  in  Massachusetts.  Give 
the  arguments  presented.  Schouler,  I,  old  ed.,  59,  60;  new  ed., 
66-68;   Walker,  56-57;   Fiske,  Critical  Period,  316-331. 

14.  How  was  the  Constitution  regarded  in  Virginia?  Ban- 
croft, VI,  426-436;  Walker,  58,  60;  Schouler,  I,  70-75;  Fiske. 
Critical  Period,  334-338. 

15.  In  what  way  did  Virginia  influence  New  York?     What 
was  the  attitude  of  the  New  York  Convention  toward  the  Con- 
stitution?    Bancroft,  VI,  455-460;    Walker,  60,  61;    Schouler, 
I,  old  ed.,  66,  67;  newed.,  77-78;  Fiske,  Critical  Period,  340-345. 

16.  a.  What  objections  were  offered  against  the  Constitution 

in  North  Carolina  ?     Hart,  American  History  told  by 
Contemporaries,  III,  251-254. 
h.  What  would  have  been  the  status  of  North  Carolina 
and  of  Rhode  Island  if  they  had  not  ratified  ?   Walker, 
73,  74;   Hart,  Formation  of  the  Union,  132,  133. 

17.  For  a  good  account  of  the  first  Presidential  election  and 
the  inauguration  of  the  new  government,  see  Fiske,  Critical 
Period,  346-350;  Schouler,  I,  old  ed.,  74-86;  new  ed.,  79-92. 


CHAPTER  XrV 
ORGANIZATION  OF  THE  LEGISLATIVE  DEPARTMENT 

All  legislative  powers  herein  granted  shall  be  vested  in   Article!, 
a  Congress  of  the  United  States  which  shall  consist  of  a 
Senate  and  House  of  Representatives. 

In  the  Constitutional  Convention,  Pennsylvania  was  a  Congress 
the  only  State  which  objected  to  the  resolution  that  a  houses. 
legislative  body  consisting  of  two  houses  should  be  formed. 
The  single  house  of  the  Confederation  was  regarded  as  a 
failure.  It  was  believed  that  one  house  would  form  a 
check  upon  the  other,  and  that  there  would  thus  be  less 
danger  of  hasty  and  oppressive  legislation.  As  already 
noted,  the  bi-cameral  system  existed  in  all  of  the  States, 
Pennsylvania  and  Georgia  excepted,  and  the  names  Senate 
and  House  of  Representatives  were  also  in  common  usage. 

The  House  of  Representatives  shall  he  composed  of  mem-   Sert'°"j2, 
bers  chosen  every  second  year  by  the  people  of  the  several  Term^of^ 
States,  and  the  electors  in  each  State  shall  have  the  qualifi-   |^f^3»f  J^ 
cations  requisite  for  electors  of  the  most  numerous  branch  electors. 
of  the  State  Legislature. 

It  is  somewhat  difficult  for  Americans  to  remember  that  mem-   Responsi- 
bers  of  Congress,  although  elected  by  the  people  or  by  the  State   members  of 
legislatures,  are  not,  in  consequence,  compelled  to  receive  in-   Congress, 
structions  from  their  constituents.     Each  member  is  supposed 
to  use  his  own  best  judgment  on  any  question,  and,  like  a  mem- 
ber of  the  English  House  of  Commons,  ask:     "\\Tiat  is  for  the 
good  of  the  Nation?"     Personal  views  are  frequently  sacrificed, 
however,  for  party  interests.  ' 

Judge  Cooley  says  on  this  question: 

"Their  own  immediate  constituents  have  no  more  right  than 
the  rest  of  the  Nation  to  address  them  through  the  press,  to 

121 


122       THE  LEGISLATIVE   DEPARTMENT 

appeal  to  them  by  petition,  or  to  have  their  local  interests 
considered  by  them  in  legislation.  They  bring  with  them  their 
knowledge  of  local  wants,  sentiments,  and  opinions,  and  may 
■enlighten  Congress  respecting  these  and  thereby  aid  all  members 
to  act  wisely  in  matters  which  affect  the  whole  country;  but  the 
moral  obligation  to  consider  the  interest  of  one  part  of  the  coun- 
try as  much  as  that  of  another,  and  to  legislate  with  a  view  to 
the  best  interests  of  all,  is  obligatory  upon  every  member,  and 
no  one  can  be  relieved  from  this  obligation  by  instructions  from 
any  source."  * 


Amend- 
ment XV 


Represen-         When  the  Constitution  was  framed,  some  of  the  State 

tatives  .        .  •       i  i  •    i  •  • 

elected  by    Constitutions  required  a  higher  quahfication  m  voters  for 

the  people.  ir.,.?., 

the  upper  house  of  their  legislatures  than  m  voters  for 
the  lower  house.  With  the  object  of  making  the  House 
of  Representatives  the  more  popular  branch,  it  was  de- 
cided to  grant  the  right  of  voting  for  a  Representative 
to  any  person  who  might  be  privileged  to  vote  for  a  mem- 
ber of  the  lower  house  of  the  legislature  of  his  State.  The 
one  limitation  upon  the  freedom  of  a  State  to  determine 
what  these  qualifications  are,  is  given  in  Amendment  XV: 

The  right  of  citizens  of  the  United  States  to  vote  shall  not 
be  denied  or  abridged  by  the  United  States  or  by  any  State 
on  account  of  race,  color,  or  previous  condition  of  servi- 
tude. 

This  amendment  was  proposed  by  Congress  in  Feb- 
ruary, 18G9,  and  was  declared  in  force  March  30,  1870. 
It  was  intended  to  grant  more  complete  political  rights 
to  the  negroes  recently  declared,  by  Amendment  XIV, 
to  be  citizens. 

The  Congress  shall  assemble  at  least  once  in  every  year, 
and  such  meeting  shall  be  on  the  first  Monday  in  Decem- 
ber, unless  they  shall  by  law  appoint  a  different  day. 
A  Congress.       Members  of  the  House  of  Representatives  are  chosen 
for  a  term  of  two  years,  which  period  also  determines 


Section  4, 
clause  2. 


*  Cooley,  Principles  of  CJonstitutional  Law.  41,  42. 


THE  LEGISLATIVE  DEPARTMENT       123 

the  length  of  a  Congress.  This  election  is  held,  in  all 
but  three  of  the  States,*  on  the  Tuesday  after  the  first 
Monday  in  November,  of  even-numbered  years,  and  the 
term  begins  legally  on  March  4  succeeding  the  time  of 
the  election.!  Except  in  the  case  of  a  special  session,  the 
members  do  not  enter  upon  their  duties  until  the  first 
Monday  of  the  following  December,  thirteen  months  after 
the  election. 

Each  Congress  has  two  regular  sessions.  The  first,  Sessions  of 
beginning  in  December  of  an  odd-numbered  year,  is 
called  the  "long  session,"  for  its  length  is  not  determined 
by  a  definite  date  of  adjournment.  It  usually  lasts  until 
the  following  midsummer  and  may  not  extend  beyond 
the  first  Monday  in  December,  the  time  fixed  for  the  be- 
ginning of  the  next  session.  The  second,  or  "short  ses- 
sion," cannot  extend  beyond  12  m.,  March  4,  the  time  set 
for  a  new  Congress  to  begin.  The  President  may  con- 
vene Congress  in  special  session. 

The  first  Monday  in  December  of  each  second  year  is  The  meet- 
a  notable  day  in  Washington,  for  the  formal  opening  of  organiza- 
a  new  Congress  brings  thousands  of  visitors  to  the  city.   Congress. 
In  the  House  of  Representatives  the  organization  must 
proceed  as  if  the  body  had  not  met  before.     To  the  Clerk 
of  the  preceding  House  are  intrusted  the  credentials  of 
the  members,  and  from  these  he  makes  out  a  list  of  the 
members  who  are  shown  to  be  regularly  elected.     At  the 
hour  of  assembly  he  calls  the  roll  from  this  list,  announces 
whether  or  not  a  quorum  is  present,  and  states  that  the 
first  business  is  to  elect  a  Speaker.     After  his  election  the 
Speaker  takes  the  oath  of  office. 


*  Oregon  holds  its  election  on  the  first  Monday  in  June;  Vermont  on 
the  first  Tuesday  in  September;  and  Maine  on  the  second  Monday  in 
September. 

t  The  first  Congress  extended  legally  from  March  4,  1789,  to  March  4, 
1791. 


124       THE  LEGISLATIVE   DEPARTMENT 


The  Senate  is  a  "continuing  body"  and  no  formal  or- 
ganization is  necessary.  At  the  opening  of  a  new  Con- 
gress the  Vice-President  calls  the  body  to  order  and  the 
other  officers  resume  their  duties.  After  the  President 
jjro  tempore  has  been  chosen,  the  newly  elected  members 
are  escorted  to  the  desk  in  groups  of  four  and  the  oath  is 
administered  by  the  President  of  the  Senate.  Each  house, 
when  organized,  notifies  the  other  of  the  fact  and  a  joint 
committee  of  the  houses  is  appointed  to  wait  upon  the 
President  and  inform  him  that  quorums  are  present  and 
are  ready  to  receive  any  communication  he  may  desire  to 
send. 

No  person  shall  he  a  Representative  who  shall  not  have 
attained  to  the  age  of  twenty-five  years,  and  been  seven 
years  a  citizen  of  the  United  States,  and  who  shall  not 
when  elected  be  an  inhabitant  of  that  State  in  which  he 
shall  be  chosen. 

A  great  diversity  of  qualifications  for  members  of  the 
State  legislatures  existed  in  the  various  State  constitu- 
tions. With  such  differences  of  opinion,  it  was  agreed 
to  make  the  positive  qualifications  for  members  of  the 
National  legislature  few  and  simple.  They  pertain  to 
age,  citizenship,  and  inhabitancy,  and  the  opinion  pre- 
vails that  the  States  may  not  add  others.  It  has  been 
the  belief  in  the  United  States  that  an  inhabitant  of  a 
State  has  a  deeper  concern  for  the  interests  and  represents 
the  people  of  his  State  more  completely  than  a  stranger. 
Hence,  a  Representative  is  not  only  required  to  be  an  in- 
habitant of  the  State,  but  custom  has  decreed  that  he 
must  also  be  an  actual  resident  of  the  district  which  he 
represents.  It  sometimes  happens  in  New  York  City, 
however,  that  an  "up-town"  resident  is  elected  to  repre- 
sent a  "down-town"  constituency. 

May  the  House  refuse  to  admit  a  person  duly  elected  and 
possessing  the  constitutional  qualifications?    This  questibn  arose 


section  2. 


THE  LEGISLATIVE  DEPARTMENT       125 

in  the  56th  Congress  in  the  case  of  Brigham  Roberts,  of  Utah, 
and  he  was  excluded  on  the  ground  that  he  was  a  polyg- 
amist. 

Section  2,  Amendment  XIV,  which  became  a  part  of 
the  Constitution  July  28,  1868,  contains  the  rule  of  ap- 
portionment which  is  now  in  operation. 

It  declares  that: 

Representatives  shall  be  apportioned  among  the  several  Apportion- 
States  according  to  their  respective  numbers,  counting  the   Represen- 

/•  '  1  J       •  •  tatives. 

whole  number  of  persons  m  each  State,  excluding  Indians 
not  taxed.  But  when  the  right  to  vote  at  any  election  for  ^™nt°xiv 
the  choice  of  electors  for  President  and  Vice-President  of 
the  Unitpd  States,  Representatives  in  Congress,  the  executive 
and  judicial  officers  of  a  State,  or  the  members  of  the  Leg- 
islature thereof  is  denied  to  any  of  the  male  inhabitants  of 
such  State,  being  twenty-one  years  of  age,  and  citizens  of 
the  United  States,  or  in  any  way  abridged,  except  for  par- 
ticipation in  rebellioji  or  other  crime,  the  basis  of  repre- 
sentation therein  shall  be  reduced  in  the  proportion  which 
the  number  of  such  male  citizens  shall  bear  to  the  whole  num- 
ber of  male  citizens  twenty-one  years  of  age  in  such  State. 

When  the  amendment  was  proposed,  negroes  had  been 
granted  the  right  of  suffrage  in  only  a  few  States,  and 
Congress  believed  that  rather  than  have  the  number 
of  their  Representatives  reduced  the  other  States  would 
also  be  willing  to  grant  them  complete  political  rights. 
Tennessee  was  the  only  Southern  State  which  ratified  the 
amendment,  but  since  Amendment  XV  became  a  part  of 
the  Constitution  before  the  next  apportionment  of  Repre- 
sentatives was  made,  this  section  was  not  put  into  practical 
operation.  Each  State  may  still  determine  for  itself  who 
has  the  right  to  vote  within  its  limits.     (See  page  43.) 

A  few  of  the  States,  as  Pennsylvania,  require  a  property  qual- 
ification, and  about  one-third  require  an  educational  qualifi- 
cation for  voters.     In  Massachusetts  he  must  be  able  to  read 


126      THE  LEGISLATIVE  DEPARTMENT 


Article  I, 
section  2, 
clause  3. 
Original 
method  of 
apportion- 
ment. 


the  State  constitution  in  the  English  language,  and  write  his 
own  name  unless  prevented  by  physical  disability  or  was  sixty 
years  of  age  when  the  amendement  went  into  effect.  In  Louisi- 
ana and  South  Carolina  the  voter  must  either  be  able  to  read 
and  write  or  possess  property  valued  at  three  hundred  dollars. 
It  has  been  claimed  that  the  object  of  some  of  these  amend- 
ments was  not  alone  to  exclude  illiterate  voters.  In  proof,  it  is 
shown  that  what  has  been  called  the  "grandfather  clause"  in 
some  cases  dispenses  with  the  educational  qualification.  This 
provides,  as  stated  in  the  constitution  of  North  Carolina,  that 
"no  male  person  who  was  on  January  1,  1867,  or  at  any  time 
prior  thereto,  entitled  to  vote  under  the  laws  of  any  State  in  the 
United  States  wherein  he  then  resided,  and  no  lineal  descendant 
of  any  such  person,  shall  be  denied  the  right  to  register  and  vote 
at  any  election  in  this  State  by  reason  of  his  failure  to  possess  the 
educational  qualifications  prescribed."  The  question  has  arisen. 
Should  not  section  2  of  Amendment  XIV  be  enforced?  for  the 
various  restrictions  exclude  thousands  of  adult  male  citizens 
from  voting.  Thus  far  no  action  has  been  taken,  although 
the  Republican  party  in  the  National  platforms  of  1904  and 
1908  pledged  itself  to  enforce  this  provision. 

The  original  method  of  apportionment  was  as  follows: 
Representatives  and  direct  taxes  shall  be  apportioned 
among  the  several  States  which  may  be  included  within  this 
Union,  according  to  their  respective  numbers,  which  shall 
be  determined  by  adding  to  the  whole  number  of  free  persons, 
including  those  bound  to  service  for  a  term  of  years,  and 
excluding  Indians  not  taxed,  three-fifths  of  all  other  per- 
sons. The  actual  enumeration  shall  be  made  within  three 
years  after  the  first  meeting  of  the  Congress  of  the  United 
States,  and  within  every  subsequent  term  of  ten  years,  in 
such  manner  at  they  shall  by  law  direct.  The  number  of 
Representatives  shall  not  exceed  one  for  every  thirty  thou- 
sand, but  each  State  shall  have  at  least  one  Representative; 
and  until  such  enumeration  shall  be  made,  the  State  of  New 
Hampshire  shall  be  entitled  to  choose  three,  Massachusetts 
eight,  Rhode  Island  and  Providence  Plantations  one,  Con- 
necticut five.  New  York  six.  New  Jersey  four,  Pennsyl- 


THE  LEGISLATIVE   DEPARTMENT       127 

vania  eight,  Delaware  one,  Maryland  six,  Virginia  ten. 
North  Carolitia  five.  South  Carolina  five,  and  Georgia 
three. 

The  three-fifths  rule  was  rendered  void  by  the  adoption 
of  Amendment  XIII,  which  abolished  slavery.  There 
were  then  no  longer  the  "other  persons."  That  part  of 
the  clause  providing  for  the  laying  of  direct  taxes  is  still 
in  force.  Really  the  Southern  States  w^ere  favored.  In 
practical  operation,  while  their  direct  taxes  were  increased, 
these  were  imposed  only  on  five  occasions,  and  the  States 
of  the  South  secured  a  large  increase  of  Representatives. 
The  Indians  "not  taxed"  doubtless  refers  to  those  Indians 
who  still  maintain  their  tribal  relations  or  live  on  the 
reservations.  Their  number,  according  to  the  census  of 
1910,  was  129,518. 

A  careful  enumeration  of  the  population  of  the  United  The 
States  had  not  been  made  in  1787.  In  order  to  carry 
out  this  provision  of  the  Constitution,  the  first  census  was 
taken  in  1790  and  there  has  been  one  every  ten  years 
since  that  time.  The  taking  of  the  census  and  the  com- 
pilation and  publication  of  the  statistics  connected  with 
it  are  under  the  supervision  of  the  Director  of  the  Census. 
The  principal  reports  in  the  census  are  those  on  popula- 
tion, manufactures,  and  agriculture.  On  account  of  the 
establishment  of  a  permanent  census  bureau,  in  1902,  the 
work  of  taking  the  census  is  now  conducted  with  much 
greater  economy  and  efficiency. 

According  to  the  original  method  of  apportionment,  the  num-   The  ratio 
ber  of  Representatives  was  not  to  exceed  one  for  every  30,000   sentetion. 
people,  and  the  House  contained  65  members.     Various  methods 
were  used  in  ascertaining  the  ratio  of  representation  after  each 
census  imtil  1870,  when  the  present  sytem  was  employed  for  the 
first  time. 

The  House  of  Representatives,  after  March  4,  1903,  accord-    Apportion- 
ing to  the  reapportionment  act  of  January  12,  1901,  had  386   ^o°*  °^ 
members  as  a  minimum,  the  ratio  being  one  Representative  to 


128      THE  LEGISLATIVE  DEPARTMENT 


Members 
from  new 

States. 


Apportion- 
ment of 
1911. 


194,182  of  the  population.  An  effort  was  made  to  keep  the  num- 
ber at  357  as  estabUshed  by  the  reapportionment  act  of  1891,  but 
no  ratio  could  be  found  which  would  enable  this  to  be  done 
without  taking  from  some  of  the  States  one  or  more  of  their 
present  Representatives. 

The  Representatives  of  States  coming  into  the  Union  after 
the  apportionment  is  made  are  always  additional  to  the  number 
provided  for  by  law.  Thus  when  Oklahoma  was  admitted  five 
Representatives  were  added,  making  391  members  in  all. 

According  to  the  census  of  1910,  several  States  were  entitled 
to  additional  members,  but  in  order  that  no  State  should  be  re- 
duced, the  House  of  Representatives  passed  a  bill  providing  for 
an  increase  of  42  members.  The  new  ratio  would  then  be  one 
Representative  to  211,877  people.  Effort  was  made  to  prevent 
this  increase,  for  it  was  argued  that  the  House  had  already  become 
unwieldy,  requiring  great  effort  on  the  part  of  members  to  make 
themselves  heard.  The  bill  failed  to  pass  the  Senate  at  the  regu- 
lar session  but  subsequently,  at  the  special  session,  it  was  passed 
and  became  a  law. 

The  number  of  members  in  the  House  of  Commons  is  670; 
in  the  French  Chamber  of  Deputies,  584;  and  in  the  German 
Reichstag,  396. 


Territorial 
delegates. 


Section  2, 
clause  4. 


Vacancies. 


Section  2, 
clause  5. 


New  Mexico,  Arizona,  Alaska,  Hawaii,  and  Porto  Rico 
are  each  entitled  to  send  one  delegate  and  the  Philippine 
Islands  two  delegates  to  the  House  of  Representatives. 
These  delegates  have  the  privilege  of  speaking  in  the 
House  but  may  not  vote. 

When  vacancies  happen  in  the  representation  from  any 
State,  the  executive  authority  thereof  shall  issue  writs  of 
election  to  fill  such  vacancies. 

When  a  vacancy  occurs  in  the  representation  from  any 
State  on  account  of  death,  expulsion,  or  for  other  cause,  it 
is  made  the  duty  of  the  Governor  of  the  State  in  which  the 
vacancy  exists  to  call  a  special  election  in  that  district  to 
choose  a  Representative  for  the  remainder  of  the  term. 

The  House  of  Representatives  shall  choose  their  Speaker 
and  other  officers,  and  shall  have  the  sole  power  of  impeach- 
ment. 


THE  LEGISLATIVE  DEPARTMENT       129 

The  Speaker  is  always  a  member  of  the  House.*  The  Officers 
other  officers  are  the  Clerk,  Sergeant-at-arms,  Door-  House, 
keeper,  Postmaster,  and  Chaplain,  none  of  whom  is  a 
member  of  the  House.  The  Clerk  calls  the  House  to  order 
at  the  first  meeting  of  each  Congress,  and  acts  as  the  pre- 
siding officer  until  a  Speaker  is  elected.  He  keeps  the 
record  of  all  questions  of  order  that  arise,  certifies  to  the 
passage  of  bills,  and  has  charge  of  the  printing  of  the 
House  Journal.  The  Sergeant-at-arms  sees  that  good 
order  is  preserved. 

The  Senate  of  the  United  States  shall  be  composed  of  two  Section  3, 
Senators  from  each  State,  chosen  by  the  legislature  thereof 
for  six  years;   and  each  Senator  shall  have  one  vote. 

This  clause  constitutes  a  part  of  the  celebrated  com-  Number, 
promise  between  the  large  and  the  small  States.  There  and  term 
was  also  great  diversity  of  opinion  with  regard  to  the  Senators. 
number  of  members  in  the  Senate  and  their  apportion- 
ment among  the  several  States.  After  equality  of  rep- 
resentation in  this  body  was  decided  upon,  there  still  re- 
mained the  question  as  to  the  number  from  each  State. 
Were  there  to  be  three  or  two  ?  Finally  two,  the  smallest 
number  of  Representatives  to  which  a  State  was  entitled 
under  the  Confederation,  was  adopted. f  Unlike  the  dele- 
gates in  the  Continental  Congress,  the  Senators  do  not 
vote  by  States.  The  two  Senators  from  a  State  may 
and  often  do  vote  on  opposite  sides  of  a  question.  Other 
questions  arose  such  as:  Were  the  Senators  to  be  chosen 
by  the  legislature  of  each  State;  by  the  people  of  the 
States;  or  by  the  House  of  Representatives  either  directly 
or  from  candidates  nominated  by  the  State  legislatures  ? 
The  reasons  for  the  unanimous  adoption  of  the  first  plan 

*  For  an  account  of  the  Speaker  and  his  power  in  legislation,  see 
pp.  175-177. 

t  The  Senate,  1911,  contains  ninety-two  members;  the  English  House  of 
Lords  560,  and  the  French  Senate  300. 


130       THE  LEGISLATIVE  DEPARTMENT 

seems  to  have  been  that  it  would  connect  the  State  govern- 
ments more  closely  with  the  National  government,  and 
that  the  powers  of  the  States  would  not  be  unduly  en- 
croached upon  by  the  general  government,  Alexander 
Hamilton  was  in  favor  of  choosing  Senators  for  life  or 
during  good  behavior.  Terms  of  nine  years,  of  seven 
years,  of  six  years,  of  five  years,  of  four  years,  and  of 
three  years  were  also  proposed.  Six  years  was  thought 
to  be  most  satisfactory,  for  it  would  secure  permanence 
of  governmental  policy  and  responsibility  in  the  Senators, 
and  at  the  same  time  guard  against  the  dangers  of  a  life 
tenure  in  which  desirable  changes  would  be  too  much  re- 
sisted. 

The  modifications  introduced  by  the  next  clause  seem 
to  have  been  intended  to  provide  against  any  permanent 
combination  among  the  members. 
gection  3,  Immediatehj  after  they  shall  he  assembled  in  consequence 

ciasses'of  of  the  first  election,  they  shall  he  divided,  as  equally  as  may 
he,  into  three  classes.  The  seats  of  the  Senators  of  the  first 
class  shall  he  vacated  at  the  expiration  of  the  second  year; 
of  the  second  class,  at  the  expiration  of  the  fourth  year;  and 
of  the  third  class,  at  the  expiration  of  the  sixth  year;  so  that 
one-third  may  he  chosen  every  second  year,  aiid  if  vacancies 
happen  by  resignation  or  otherwise,  during  the  recess  of  the 
legislature  of  any  State,  the  executive  thereof  may  make 
temporary  appointments  until  the  next  meeting  of  the  legis- 
lature, which  shall  then  fill  such  vacayicies. 

According  to  this  provision,  at  the  first  session  of  the 
first  Congress,  the  Senators  were  divided  into  three  classes. 
Senators  from  the  same  State  are  always  placed  in  sepa- 
rate classes,  and  the  Senators  from  a  new  State  are  assigned 
in  such  a  manner  as  to  preserve  the  classification.  The 
classes  they  are  to  enter  is  determined  between  them  by 
lot  drawn  in  the  presence  of  the  Senate.  Thus,  the  Sena- 
tors from  Utah  were  assigned  to  the  two-  and  the  four-year 


Senators. 


THE   LEGISLATWE   DEPARTMENT       131 


classes,  and  neither  of  them  served  the  full  term  of  six 
years. 

A  Senator  appointed  by  the  Governor  of  a  State  dur- 
ing the  recess  of  the  State  legislature  holds  the  office 
until  the  next  meeting  of  the  legislature,  or,  in  case  that 
body  fails  to  elect  his  successor,  until  the  end  of  the  ses- 
sion of  the  legislature. 

If,  after  a  Senator's  term  expires,  the  legislature  fails  to  elect   If  the 
his  successor,   the  question  arises,   may  the  Governor  fill   the    joes  neV 
vacancy  by  appointment?     In  several  instances  the  Senate  has   ^ecia 
decided   against  this  procedure,  and   the   decision   in   another 
case  in  April,  1900,  would  seem  to  indicate  that  it  proposes  to 
carry  out  the  precedent. 


No  person  shall  he  a  Senaior  tvho  shall  not  have  attained 
to  the  age  of  thirty  years,  and  been  nine  years  a  citizen  of 
the  United  States,  and  loho  shall  not,  when  elected,  he  an  in- 
habitant of  that  State  from  which  he  shall  he  chosen. 

Members  of  the  Senate  are  ordinarily  older  than  mem- 
bers of  the  House.  They  are  men  also  who,  as  a  rule, 
have  been  prominent  in  public  affairs.  National  or  State. 
Because  of  their  training  and  the  control  by  the  Senate 
over  treaties  and  certain  of  the  appointments.  Senators 
have  been  conceded  greater  political  power  than  Repre- 
sentatives. 

The  Vice-President  of  the  United  States  shall  be  Presi- 
dent of  the  Senate,  but  shall  have  no  vote  unless  they  be 
equally  divided. 

The  Senate  shall  choose  their  other  officers,  and  also  a 
President  pro  tempore,  in  the  absence  of  the  Vice-President, 
or  when  he  shall  exercise  the  office  of  President  of  the 
United  States. 

The  officers  of  the  Senate  are  President,  Secretary, 
Chief  Clerk,  Sergeant-at-arms,  Chaplain,  Postmaster, 
Librarian,  and  Door-keeper,  none  of  whom  is  a  member 
of  the  Senate.    The  Vice-President  of  the  United  States  is 


Section  3. 
clause  3. 
Qualifica- 
tions of 
Senators. 


Section  3, 
clause  4. 
President 
of  the 

Senate. 

Section  3, 
clause  5. 


Other 
officers  of 
the  Senate. 


132      THE  LEGISLATIVE  DEPARTMENT 


The 

President 
pro 
tempore. 


Oath  of 
office. 


Section  4, 
clause  1. 
Power  of 
Congress 
over  the 
elections  of 
Senators 
and 

Represent- 
atives. 


Method 
prescribed 
for  the 
election  of 
Senators. 


President  of  the  Senate,  but  lias  no  vote  "unless  they 
are  equally  divided."  He  cannot  take  part  in  the  debates 
nor  appoint  the  Senate  committees.  These  committees, 
as  well  as  the  other  officers,  are  chosen  by  the  Senate. 
Their  duties  are  similar  to  those  of  the  corresponding 
positions  in  the  House. 

It  is  desirable,  in  the  absence  of  the  Vice-President, 
that  the  Senate  shall  have  a  presiding  officer,  and  so  at 
the  opening  of  the  session  that  body  chooses  from  its 
own  members  a  President  1:)^  tempore.  He  may  vote 
on  any  question,  but  cannot  cast  the  deciding  vote  in 
case  of  a  tie. 

The  Vice-President  takes  the  oath  of  office  when  he  is 
inaugurated.  On  the  first  day  of  the  session  he  admin- 
isters the  oath  of  office  to  the  new  Senators,  who  swear 
to  support  the  Constitution  and  the  laws  of  the  United 
States. 

The  times,  places,  and  manner  of  holding  elections  for 
Senators  a?id  Representatives  shall  be  prescribed  in  each 
State  by  the  legislature  thereof;  hut  the  Congress  mny  at 
any  time,  by  law,  make  or  alter  such  regulations,  except  as 
to  the  place  of  choosing  Senators. 

Congress  did  not  exercise  its  authority  in  the  election 
of  Senators  prior  to  1866.  ISIany  disturbances  had 
arisen  between  the  houses  of  the  legislatures  over  the 
mode  of  election,  and  an  act  of  that  year  provided  for 
the  present  uniform  system  as  follows:  The  legislature 
chosen  next  before  the  expiration  of  the  term  of  a  Senator 
shall  proceed  to  elect  his  successor  on  the  second  Tuesday 
after  its  organization.  On  that  day  each  house  must  vote 
separately  by  a  viva  voce  vote  and  enter  the  result  on  its 
journal.  The  two  houses  are  required  to  meet  in  joint 
assembly  at  12  m.  the  following  day,  when  the  results  are 
read.  If  the  same  person  has  received  a  majority  of  the 
votes  in  both  houses,  he  is  elected.     If  no  person  have 


THE  LEGISLATIVE   DEPARTMENT       133 

such  majority,  the  joint  assembly  must  take  a  viva  voce 
vote  and  the  person  receiving  a  majority  of  such  votes 
is  elected,  providing  a  majority  of  all  the  members  elected 
to  both  houses  are  present  and  voting.  Should  there  still 
be  no  election,  the  joint  assembly  must  meet  at  noon  on 
each  succeeding  day  and  take  at  least  one  vote  until  a 
Senator  shall  have  been  chosen.  The  procedure  is  the 
same  in  the  case  of  a  vacancy  which  has  occurred  before 
the  legislature  has  assembled.  When  the  vacancy  happens 
during  the  session  of  the  legislature,  it  must  proceed  in 
the  same  way  the  second  Tuesday  after  receiving  notice  of 
the  vacancy.  The  usual  practice,  however,  in  the  States 
where  direct  nomination  has  not  been  adopted,  is  for  the 
members  of  the  different  parties  in  the  legislature  to  meet 
in  separate  caucuses  and  agree  upon  the  candidates  which 
they  will  present  to  the  legislature. 

"Deadlocks"  in  the  election  of  Senators  have  frequently  oc-  Popular 
curred.  In  1S99,  the  legislature  of  Pennsylvania  cast  seventy-  Senators 
nine  ballots  and  finally  adjourned  without  electing  a  Senator. 
The  legislature  of  Nebraska,  in  1901,  voted  for  three  months  be- 
fore a  Senator  was  elected.  It  is  stated  that  at  least  half  the 
States  have,  during  the  past  fifteen  years,  suffered  from  dead- 
locks. At  times  also  the  votes  of  individual  members  in  some 
of  the  legislatures  have  been  secured  by  bribery.  Because  of 
these  and  other  abuses  the  agitation  in  recent  years  for  the 
election  of  Senators  by  popular  vote  has  been  more  pronounced. 
The  House  of  Representatives  has  passed  the  resolution  a  num- 
ber of  times  providing  for  an  amendment  to  the  Constitution 
which  would  secure  the  election  of  Senators  by  popular  vote. 
More  than  two-thirds  of  the  State  legislatures  have  gone  on 
record  in  favor  of  such  a  reform.  But  not  until  1911  was  this 
proposal  to  amend  the  Constitution  reported  to  the  Senate  for 
favorable  action.  The  vote  on  the  resolution  stood  54  in 
favor  and  33  against.  Thus  the  necessary  two-thirds  lacked 
four  votes. 

Meantime,  in  a  number  of  the  States  there  has  been  the  at-  T^e 
tempt  to  get  around  the  constitutional  difficulty.     The  so-called    Oregoa 
Oregon  plan  really  provides  for  the  direct  election  of  Senators. 


134      THE  LEGISLATIVE  DEPARTMENT 

According  to  this  plan  each  party  nominates  its  candidate  in  a 
primary  election.  The  names  of  these  candidates  are  then  placed 
on  the  State  ticket  and  are  voted  for  at  the  general  election.  The 
person  receiving  the  highest  number  of  votes  is  declared  to  be  the 
choice  of  the  people.  To  make  these  steps  effective,  candidates 
for  the  legislature  may  be  pledged,  in  their  petition  for  the  pri- 
mary, to  vote  for  that  candidate  for  United  States  Senator  who 
has  received  the  highest  number  of  votes  at  the  general  election, 
without  regard  to  their  own  personal  preference.  By  such  a 
process,  it  has  happened  that  a  Senator  has  been  chosen  of  a 
different  political  party  from  that  having  the  majority  in  the 
State  legislature. 


Time  and 
melhod  of 
choosing 
Kcpresent- 
atives. 


Redistrict- 
ing  the 
Slates. 


"Gerry- 
mander- 
ing." 


The  time  for  the  election  of  Representatives  has  been 
prescribed  by  Congress  to  be  the  Tuesday  next  after  the 
first  Monday  in  November  of  the  even-numbered  years. 
The  Constitution  provides  that  they  shall  be  elected  by 
the  people.  For  many  years  there  was  variation  in  the 
practice  of  the  States,  some  electing  their  Representatives 
by  districts,  others  at  large.  Since  1842  Congress  has  re- 
quired the  district  plan.  But  a  State  receiving  an  addi- 
tional Representative,  by  a  new  apportionment,  may  elect 
him  at  large  until  the  State  is  redistricted. 

The  process  of  districting  the  States  is  under  the  con- 
trol of  the  State  legislatures,  and  is  usually  performed 
during  the  first  session  after  a  new  apportionment  has 
been  made,  although  some  States  are  redistricted  more 
frequently.  The  only  restrictions  placed  upon  the  legis- 
latures are  those  contained  in  a  Congressional  act  of  Feb- 
urary  2,  1872,  which  provides  that  the  districts  shall  be 
composed  of  contiguous  and  compact  territory  and  con- 
tain, as  nearly  as  practicable,  an  equal  number  of  inhabi- 
tants. 

The  desire  to  secure  party  advantage  has  often  led  to 
the  manipulation  of  district  lines  in  a  most  unfair  manner. 
We  have  good  examples  of  this  method  in  the  rcdistricting 
of  some  of  the  States  after  each  census.     Thus,  portions 


THE  LEGISLATIVE   DEPARTMENT       135 

of  a  State  containing  large  numbers  of  voters  of  the  oppos- 
ing party  have  been  annexed  to  a  district  which  could  not 
be  carried  by  the  party  having  a  State  majority.  Or  at 
times  territory,  consisting  either  of  one  or  more  counties 
or  a  portion  thereof,  which  had  voters  that  could  be  spared 
by  the  majority  party  in  one  district  has  been  united  with 
some  other  district  where  the  majority  of  their  adversaries 
could  thus  be  offset.  Territory  has  been  regarded  as 
contiguous  when  it  touched  another  portion  of  the  district 
at  one  point.  As  a  consequence,  peculiarly  constructed 
districts  are  to  be  found  in  some  of  the  States,  such  as  the 
"monkey-wrench"  district  of  Iowa.  When  the  Repre- 
sentative districts  of  a  State  have  been  in  this  manner  the 
objects  of  political  manoeuvring  or  when  a  similar  system 
has  been  used  in  forming  State  legislative  or  judicial  dis- 
tricts, the  State  is  said  to  have  been  "gerrymandered."  * 

The  origin  of  the  expression  is  described  in  the  following:  "  So  Origin  of 
called  from  Elbridge  Gerry,  a  leading  Democratic  politician  in  zander " 
Massachusetts  (a  member  of  the  Constitutional  Convention  of    Bryce, 

Amerioan 

1787,  and  in  1812  elected  Vice-President  of  the  United  States),  Common- 
who,  when  Massachusetts  was  being  re-districted,  contrived  a  ^of  ^  ' 
scheme  which  gave  one  of  the  districts  a  shape  like  that  of  a 
lizard.  A  noted  artist  entering  the  room  of  an  editor  who  had 
a  map  of  the  new  districts  hanging  on  the  wall  over  his  desk, 
observed,  'Why,  this  district  looks  like  a  salamander,'  and  put 
in  the  claws  and  eyes  of  the  creature  with  his  pencil.  '  Say 
rather  a  Gerrymander,'  replied  the  editor,  and  the  name  stuck." 
Other  writers  have  maintained  that  Mr.  Gerry  was  opposed  to 
this  scheme. 

Supplementary  Questions  and  References 

1.  What  is  the  number  of  the  present  Congress?     Give  the 
times  for  the  beginning  and  end  of  each  session. 

2.  For  a  discussion  on  the  time  when  Congress  should  convene, 
see  Beard,  American  Government  and  Politics,  pp.  248,  249. 

*  City  wards  have  also  been  "  gerrymandered." 


136      THE  LEGISLATIVE  DEPARTMENT 

3.  It  is  not  required  by  law  that  a  Representative  should  reside 
in  the  district  that  he  represents,  but  it  is  an  established  custom. 
What  are  its  advantages  and  its  disadvantages?  Compare  with 
the  English  practice.  Bryce,  American  Commonwealth,  I,  chap- 
ter 19,  186-190. 

4.  Do  you  favor  an  educational  qualification  for  voters  ?     Why  ? 

5.  Were  the  States  mentioned  on  pp.  125-126  justified  in  the 
enactment  of  their  suffrage  laws? 

6.  Should  section  2,  Amendment  XIV,  be  enforced?  Rev. 
of  R's,  22  :  273-275;  653,  654;  25  :  716-718;  Forum,  31  : 
225-230;    Oudook,  70  :  791-792. 

7.  What  are  the  points  of  likeness  and  of  difference  between 
the  House  of  Representatives  and  the  House  of  Commons?  N. 
Am.  Rev.,  170  :  78-86. 

8.  How  large  is  your  Congressional  district?  Compare  its 
area  with  that  of  other  districts  in  your  State.  What  is  its  pop- 
ulation? Compare  this  with  the  ratio  of  apportionment;  also 
with  the  population  of  other  districts  in  your  State.  Compare 
the  number  of  votes  cast  for  Representative  in  your  district  with 
the  number  cast  in  districts  of  other  States  in  different  sections  of 
the  country.  How  do  you  account  for  the  variations  ?  See  New 
York  World  Almanac. 

9.  Give  the  number  of  Representatives  to  which  your  State  is 
entitled.     Was  the  number  increased  in  the  last  apportionment? 

10.  With  the  admission  of  New  Mexico  or  of  Arizona  how 
many  Representatives  would  be  added  ?  How  many  Senators  ? 
Why  were  these  territories  not  admitted  by  the  61st  Congress 
(1911)? 

11.  For  "gerrjTnandering,"  effects,  and  remedy,  see  Outlook 
97  :  186-193;  Beard  Readings  in  American  Government  and 
Politics,  219,  220. 

12.  For  accounts  of  the  method  by  which  a  census  is  taken,  see 
American  Census  Methods,  Forum,  30  :  109-119;  Merriman, 
Census  of  1900,  N.  Am.  Rev.,  170;  Durand,  Census  of  1910, 
Rev.  of  R's,  41  :  589-596;  404^05. 

13.  What  were  the  results  of  the  Census  of  1910;  present  pop- 
ulation; distribution  of  the  population;  and  growth  during  the 
century?     World's  Work,  21  :  13838-13842. 


THE  LEGISLATIVE   DEPARTMENT       137 

14.  Who  are  some  of  the  best  known  Representatives  and 
Senators?     For  what  reasons  are  each  noted? 

15.  Who  are  the  Senators  from  your  State?  W^hen  was  each 
elected  ? 

16.  Give  the  names  of  the  Speaker,  and  of  the  President  pro 
tempore. 

17.  Should  Senators  be  elected  by  the  votes  of  the  people? 
Beard,  Readings  in  American  Government  and  Politics,  226-233; 
Outlook,  97  :  351,  352;  389-392;  Haynes,  The  Election  of 
Senators  (arguments  for),  153-210;  (arguments  against),  211- 
258;  Rev.  of  R's,  42  :  133-140;  Forum,  42  :  142-147;  Indept., 
63  :  847-851;   64  :  1311-1312;   66  :  267-268. 

18.  The  power  of  the  Senate,  N.  Am.  Rev.,  174,  231-244; 
Reinsch,  Readings  on  American  Federal  Government,  146-155. 

19.  Ought  there  be  an  amendment  to  the  Constitution  pro- 
viding for  uniform  qualifications  for  suffrage  ? 


Article  II, 
section  4. 


Article  I, 
section  2, 
clause  5. 

Section  3, 
clause  6. 


Section  3, 
clause  7. 


Who 
may  be 
impeached. 


CHAPTER  XV 

POWERS  AND  DUTIES  OF  THE  SEPARATE  HOUSES 

I.  Impeachment. 

The  President,  Vice-President,  and  all  civil  officers  of  the 
United  States  shall  be  removed  from  office  07i  impeachment 
for,  and  conviction  of,  treason,  bribery,  or  other  high  crimes 
and  misdemeanors. 

The  House  of  Representatives  shall  .  .  .  have  the  sole 
power  of  impeachment. 

The  Senate  shall  have  the  sole  power  to  try  all  impeach- 
ments. When  sitting  for  that  purpose,  they  shall  be  on  oath 
or  affinnation.  When  the  President  of  the  United  States  is 
tried,  the  Chief  Justice  shall  preside;  and  no  person  shall 
be  convicted  without  the  concurrence  of  two-thirds  of  the 
members  present. 

Judgment  in  cases  of  impeachment  shall  not  extend 
further  than  to  removal  from  office  and  disqualification  to 
hold  and  enjoy  any  office  of  honor,  trust,  or  profit  under  the 
United  States  ;  but  the  party  convicted  shall  nevertheless  be 
liable  and  subject  to  indictment,  trial,  judgment,  and  pun- 
ishment according  to  law. 

The  term  "civil  officers"  is  here  used  in  distinction  from 
military  and  naval  officers,  who  are  tried  for  offences  by 
courts-martial.  Members  of  Congress  may  not  be  im- 
peached. It  has  been  determined  that  they  are  subject 
only  to  the  rules  of  the  house  of  which  they  are  members. 

What  constitutes  high  crimes  and  misdemeanors  has 
never  been  accurately  defined,  but  they  are  understood 

138 


POWERS  OF  THE  SEPARATE  HOUSES    139 


to  be  those  offences  of  an  official  nature  which  the  ordi- 
nary courts  of  law  cannot  reach ;  such  as,  abuse  of  power, 
acceptance  of  bribes,  or  intemperance. 

The  House  of  Representatives  has  the  sole  power  to  prefer  The 
charges  of  impeachment.  These  take  the  place  of  the  indict-  ™iai.°  ° 
ment  in  the  ordinary  criminal  trial.  The  Senate  has  the  sole 
power  to  try  all  impeachments.  The  Chief  Justice  of  the  United 
States  must  preside  in  the  trial  of  the  President,  while  in  ordi- 
nary trials  the  presiding  officer  is  the  Vice-President  or  the 
President  pro  tempore.  The  manner  of  conducting  the  trial 
resembles  that  of  a  trial  by  jury.  Each  Senator  is  sworn  to  be 
impartial  in  his  decision;  managers  from  the  House  present 
the  charges  at  the  bar  of  the  Senate;  the  accused  may  answer 
in  person  or  through  his  counsel;  and  witnesses  are  examined. 
When  all  the  evidence  has  been  submitted,  the  Senate  deliberates 
on  the  case  in  secret  session.  In  order  that  impeachment  may 
not  be  used  for  party  purposes,  it  is  provided  that  there  shall 
be  no  conviction  except  by  a  two-thirds  vote.  During  the 
progress  of  the  trial,  the  officer  impeached  is  permitted  to  per- 
form his  regular  duties. 

No  action  can  be  taken  by  the  Senate  other  than  to  remove  the 
convicted  official  from  office  and  to  disqualify  him  from  holding 
any  office  under  the  United  States.  If  the  offence  upon  which 
the  conviction  is  secured  is  one  punishable  by  law,  the  person 
is  liable  to  a  regular  trial  in  the  courts.  The  President  may  not 
grant  a  pardon  in  cases  of  impeachment. 

Largely  because  of  the  cumbersome  method  of  procedure, 
the  number  of  impeachment  trials  has  been  small.     These  have 
been  the  following:     Senator  William  Blount  in  1799;    Judge 
John  Pickering  of  the  United  States  Supreme  Court  in  1803 
Judge  Samuel  Chase  of  the  United  States  Supreme  Court  in  1804 
Judge  James  H.  Peck  of  the  Federal  District  Court  in  1830 
Judge  W.  H.  Humphries  of  the  United  States  District  Court  in 
1862;    President  Andrew  Johnson  in  1868;    Secretary  of  War 
W.  W.  Belknap  in  1876;  Judge  Charles  Swayne  of  the  United 
States  District  Court   in   1904;    Judges  Pickering  and  Hum- 
phries were  convicted. 


Judgment 
on  convic- 
tion. 


Impeach- 
ment trials. 


140    POWERS  OF  THE  SEPARATE  HOUSES 


Contested 
seats  in  the 
Senate. 


II.  The  Quorum,  Journal,  and  Freedom  of  Speech. 
Section  5,  Each  house  shall  be  the  judge  of  the  elections,  returns, 

clausal.  .  .  J       J        J  '  » 

Determina-  and  qualifications  of  its  own  members,  and  a  maioriiii  of 

tiOn    of  7  7         77  •  7         7-  7  17 

member-       cach  shail  Constitute  a  quorum  to  do  business;   but  a  smaller 
quorums,      number  may  adjourn  from  day  to  day,  and  may  be  author- 
ized to  compel  the  attendance  of  absent  members,  in  such 
manner  and  under  such  penalties  as  each  house  muy  pro- 
vide. 

It  is  obvious  that  the  power  to  judge  of  the  elections, 
returns,  and  qualifications  of  members  of  a  legislative 
body,  must  exist  somewhere.  This  right  could  not  be 
better  placed  than  in  the  houses  constituting  the  legis- 
lative body,  for  by  the  exercise  of  this  right  the  indepen- 
dence and  purity  of  the  houses  are  preserved. 

In  the  Senate  the  question  raised  in  a  contest  usually 
applies  to  whether  a  Senator  has  been  duly  elected.  Nu- 
merous cases  have  been  tried  upon  the  ground  that  elec- 
tions have  been  secured  by  bribery  and  corruption.  Among 
the  most  noted  contests  was  that  which  arose  in  1911,  over 
the  report  of  the  Senate  investigating  committee  in  the 
case  of  Senator  Lorimer  of  Illinois,  A  majority  of  the 
committee  reported  that  the  charges  of  bribery  had  not 
been  proven.  In  the  discussion  before  the  Senate  it  was 
maintained  by  the  leading  advocates  for  Mr.  Lorimer's 
right  to  his  seat  in  the  Senate  that  purchased  votes  were 
not  to  be  counted  and  that  he  had  received  a  majority 
of  unquestioned  votes  in  the  legislature.  This  view  was 
characterized  by  the  opposition  as  dangerous  and  alarm- 
ing. Finally,  after  a  debate  extending  over  many  days  in 
which  the  foremost  Senators  took  part,  the  minority  report, 
which  a.sserted  that  Senator  Lorimer,  of  Illinois,  was  not 
"duly  and  legally  elected,"  was  lost  by  the  vote  of  46  to  40. 
The  outcome  will  doubtless  do  much  to  strengthen  the 
demand  for  the  election  of  Senators  by  popular  vote. 


POWERS  OF  THE  SEPARATE  HOUSES    141 

In  the  House  the  name  of  the  person  possessing  the  Contests  in 
certificate  of  election  signed  by  the  Governor  of  his  State 
is  entered  on  the  roll  of  the  House,  but  the  seat  may 
still  be  contested.  Many  cases  of  contested  elections  are 
considered  by  each  new  House.  Each  of  the  cases  when 
presented  to  the  House  consumes  from  two  to  five  days 
which  might  otherwise  be  used  for  the  purposes  of  legis- 
lation. The  law  provides  that  not  more  than  $2,000  shall 
be  paid  either  of  the  contestants  for  expenses,  but  even 
then,  it  is  estimated,  these  contests  cost  the  government, 
all  told,  $40,000  annually.  When  the  decision  is  ren- 
dered by  the  House,  the  vote  is,  in  most  cases,  strictly  on 
party  lines,  regardless  of  the  testimony.  In  view  of  these 
facts,  it  has  been  suggested  that  the  Supreme  Court 
should  decide  all  contested  elections. 

Fifteen  members,  including  the  Speaker,  may  be  authorized  Whateon- 
to  compel  the  attendance  of  absent  members.  This  is  accom-  quorumf 
plished  as  follows:  the  doors  of  the  House  are  closed,  the  roll 
is  called,  and  absentees  noted.  The  Sergeant-at-arms,  when 
directed  by  the  majority  of  those  present,  sends  for,  arrests,  and 
brings  into  the  House  those  members  who  have  not  a  sufficient 
excuse  for  absence.  When  a  quorum  *  is  secured  the  business 
is  resumed. 

Each  house  may  determine  the  rules  of  its  proceedings,  Section  5, 
punish  its  members  for  disorderly  behavior,  and,  with  the  Rules  and 
concurrence  of  two-thirds,  expel  a  member.  '^'^'^ 

The  right  to  make  its  owti  rules  is  usually  intrusted  to 
every  assembly,  and  this  power  should  be  vested  in  the 
houses  of  the  National  legislature.  But  rules  would  be 
without  value  unless  there  were  some  means  of  punish- 
ment provided  for  those  who  disregard  them.  It  is  also 
desirable  that,  in  extreme  cases,  there  should  be  some 
method  of  redress.  The  two-thirds  vote  necessary  to  ex- 
pel a  member  seems  wise  in  order  that  expulsion  may 

*  For  the  power  of  the  Speaker  in  counting  a  quorum,  see  p.  176. 


142    POWERS  OF  THE  SEPARATE  HOUSES 


Section  5, 
clause  3. 
The  Jour- 
nal. 


The  yeas 
and  nays. 


Section  5, 
clause  4. 
Power  to 
adjourn. 


not  be  ea.sily  used  in  the  interest  of  a  faction  or  of  a  politi- 
cal party. 

Each  House  shall  keep  a  journal  of  its  proceedings  and 
from  time  to  time  publish  the  same,  excepting  such  parts  as 
viay  in  their  judgment  require  secrecy  ;  and  the  yeas  and 
nays  of  the  members  of  either  House  on  any  question  shall, 
at  the  desire  of  one-fifth  of  those  present,  be  entered  on  the 
journal. 

By  means  of  the  Journal,  read  at  the  opening  of  each 
day's  session,  the  official  record  of  the  proceedings  of 
Congress  is  made  known  to  the  public.  The  debates  do 
not  appear  in  the  Journal,  but  are  published  each  day  in 
the  "Congressional  Record." 

Another  means  of  keeping  constituents  informed  on 
the  position  of  their  Representatives  is  through  the  re- 
cording in  the  Journal  of  the  vote  of  each  member  upon 
the  demand  of  one-fifth  of  those  present.  In  voting  by 
the  "yeas  and  nays,"  the  Clerk  calls  the  roll  of  members 
and  places  after  each  name,  "yea,"  "nay,"  "not  voting," 
or  "absent."  The  Senate  rules  specify  this  as  the  only 
method  of  voting.  (Other  methods  of  voting  are  indica- 
cated  on  p.  150.) 

Neither  House,  during  the  session  of  Congress,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than  three 
days,  nor  to  any  other  place  than  that  in  which  the  two 
Houses  shall  be  sitting. 

Without  such  a  provision  it  would  be  possible  for  either 
House,  by  adjourning,  to  block  effectually  all  legislation. 
If  there  is  a  disagreement  between  the  two  Houses  with 
respect  to  the  time  of  adjournment,  the  President  may 
adjourn  them  to  such  a  time  as  he  thinks  proper.  He 
is  also  authorized  by  law  to  convene  Congress  at  some 
other  place  than  Washington,  in  case  of  the  existence 
there  of  contagious  disease  or  of  any  other  conditions 
which  would  place  life  or  health  in  jeopardy. 


POWERS  OF  THE  SEPARATE  HOUSES    143 


The  Senators  and  Representatives  shall  receive  a  com- 
pensation for  their  services  to  be  ascertained  by  laio,  and 
paid  out  of  the  treasury  of  the  United  States.  They  shall 
in  all  cases,  except  treason,  felony,  and  breach  of  the  peace, 
be  privileged  from  arrest  during  their  attendance  at  the 
session  of  their  respective  Houses,  and  going  to  and  return- 
ing from  the  same  ;  and  for  any  speech  or  debate  in  either 
House,  they  shall  not  be  questioned  in  any  other  place. 

The  question,  ought  compensation  to  be  given  mem- 
bers of  legislative  assemblies  or  should  their  services  be 
regarded  as  honorary,  gave  rise  to  a  heated  discussion  in  the 
Constitutional  Convention.  INIembers  of  the  State  legis- 
latures were  receiving  salaries,  but  members  of  the  English 
Parliament  were  not.  Finally,  the  American  practice  pre- 
vailed, for  it  was  thought  that  men  of  ability,  though  poor, 
might  thus  be  enabled  to  enter  the  National  legislature, 
and  that  the  position  might  be  made  more  attractive  than 
that  of  membership  in  a  State  legislature. 

The  compensation  of  Senators  and  Representatives  from 
1789  to  1815  was  six  dollars  a  day  and  thirty  cents  for  every 
mile  travelled,  by  the  most  direct  route,  in  going  to  and  return- 
ing from  the  seat  of  government.  Prior  to  1907,  this  amount 
was  changed  several  times  by  act  of  Congress.  The  compensa- 
tion then  agreed  upon  was  $7500  per  amium,  with  mileage. 
An  allowance  is  also  made  each  member  for  clerk  hire  and 
stationery.  To  many  this  seems  a  large  salary,  but  the  great 
expense  of  living  in  Washington  renders  the  amount  quite  in- 
adequate. Many  members  make  a  financial  sacrifice  in  accept- 
ing a  sea.t  in  Congress. 

As  already  noted,  a  member  of  Congress  may  be  pun- 
ished for  an  offence  by  the  House  to  which  he  belongs. 
It  is  manifest  that  he  should  be  free  from  arrest,  except 
in  case  of  treason,  felony,  and  breach  of  the  peace ;  other- 
wise his  district  might,  sometimes  under  false  charges, 
be  deprived  of  representation,  and  National  legislation  be 
interrupted. 


Section  6, 
clause  1. 
Compen- 
sation and 
freedom 
from 
arrest. 


Salaries 
paid 
Senators 
and  Repre 
sentatives. 


Privilege 

from 
arrest. 


144    POWERS  OF  THE  SEPARATE  HOUSES 

Freedom  of       Freedom  of  speech  is  quite  as  important  in  a  repre- 
sentative government  as  freedom  of  person.     This  privi- 
lege extends  to  all  utterances  used  in  the  course  of  leg- 
islation.    Since  all  Congressional  debates  are  published, 
it  is  held  to  apply  to  them  also. 
Section  6,         No  Senator  or  Representative  shall,  during  the  time  for 
Disquaiifi-    which  he  was  elected,  be  appointed  to  any  civil  office  under 
hold  other     the  authority  of  the  United  States  which  shall  have  been 
created,  or  the  emoluments  whereof  shall  have  been  increased, 
during  such  time  ;  and  no  person  holding  any  office  under 
the  United  States  shall  be  a  member  of  either  House  dur- 
ing his  continuance  in  office. 

The  purpose  of  this  provision,  which  was  discussed 
at  considerable  length  in  the  Constitutional  Convention, 
seems  to  have  been  to  remove  the  temptation  on  the  part 
of  Congressmen  to  create  offices  or  to  increase  the  emolu- 
ments of  those  already  existing  in  order  to  profit  by 
such  legislation.  It  was  also  thought  necessary  to  guard 
against  bargaining.  The  President,  in  order  to  secure 
certain  legislation,  might  agree  to  appoint  to  offices  thus 
created  Congressmen  who  aided  him. 

The  exclusion  of  United  States  officials  from  seats  in 
Congress  was  due  to  the  desire  of  appeasing  State  jealousy, 
which  asserted  that  the  National  government  would  secure 
an  undue  influence  over  the  State  governments.  It  is 
advocated,  with  good  reason,  that  members  of  the  Cabinet 
should  be  privileged  to  take  part  in  the  discussion  of 
measures  in  Congress  which  pertain  to  their  own  depart- 
ments. Alexander  Hamikon  asked  for  this  privilege,  but 
it  was  refused  because  of  the  fears  of  his  influence.  The 
precedent  thus  established  has  always  been  retained. 
But  since  executive  officers  are  often  invited  to  present 
their  views  before  committees  of  Congress,  they  may  exert 
great  influence  upon  legislation. 


CHAPTER  XVI 

PROCEDURE  IN  CONGRESS 

The  first  step  in  the  enactment  of  a  law  is  the  intro- 
duction of  a  bill.  In  the  House  of  Representatives  the  bill, 
indorsed  with  the  name  of  the  member  introducmg  it, 
is  placed  in  a  basket  on  the  Reading  Clerk's  desk.  It  is 
then  referred  to  a  committee  by  the  Parliamentary  Clerk. 
In  the  Senate,  the  member  introducing  a  bill  rises,  is 
recognized,  and  asks  leave  to  introduce  it. 


FORM    OF   A   BILL 


56th  Congress 
1st  Session 

H.  R.  6071 

[Report  No.  376.] 
IN  the  House  of  Representatives 
Jan.  12,  1900. 
Mr.  Loud  introduced  the  following  bill,  which  was  re- 
ferred to  the  Committee  on  Post-Offices  and  Post-Roads 
and  ordered  to  be  printed. 

Feb.  19,  1900. 
Reported  with  amendments,   referred  to  the  House 
Calendar,  and  ordered  to  be  printed. 


A  BILL 

To  amend  the  postal  laws  relating  to  second-class  mail 
matter. 

1  Be  it  enacted  by  the  Senate  and  House  of  Repre- 

2  sentatives  of  the  United  States  in  Congress  assembled, 

3  That  mailable  matter  of  the  second  class  shall  embrace 


145 


146  PROCEDURE  IN  CONGRESS 

The    introduction   and    reference    of   bills    take   place 
during  sessions  of  the  Houses,  but  the  bills  do  not  come 
up  for  consideration  until  the  committees  report  them 
back. 
The  Before  proceeding  further  with  the  history  of  a  bill  we 

system.  must  noticc  a  most  important  feature  of  Congressional 
machinery — namely,  the  committee  system.  Almost  every 
deliberative  body  finds  it  convenient  to  intrust  certain  parts 
of  its  business  to  committees.  When  the  assembly  is  large, 
and  especially  when  the  mass  of  business  is  great,  com- 
mittees are  absolutely  necessary.  After  a  committee  has 
given  consideration  to  any  matter  in  its  charge,  it  submits 
to  the  main  body  a  report  recommending  whatever  course 
of  action  it  deems  wise.  The  assembly  may  either  adopt 
or  reject  this  report.  In  Congress  many  thousands  of  bills 
are  introduced  in  a  single  session.  By  far  the  greatest 
part  of  the  work  of  Congress,  therefore,  must  be  done  in 
committees.  To  these  committees  all  bills  must  be  re- 
ferred. The  chairman  of  each  committee  and  a  majority 
of  its  members  are  selected  from  the  party  having  a  major- 
ity in  the  house  where  the  committee  originates. 

For  many  years  it  was  the  custom  that  committees  in 
the  House  should  be  appointed  by  the  Speaker;  but  in 
the  first  session  of  the  62d  Congress  (a  special  session 
meeting  in  April,  1911)  a  new  rule  was  adopted  under 
which  all  committees  are  elected.  In  the  Senate,  also, 
committees  are  elected;  that  is,  the  Senators  of  each  party, 
acting  in  separate  caucuses,  select  the  members  who  are  to 
serve  on  the  various  committees. 

In  the  60th  Congress  28,000  bills  were  introduced  in  the 
House  and  9,500  in  the  Senate.  In  the  next  Congress  there 
were  61  House  committees,  varying  in  membership  from  5  to 
19.  In  this  Congress  33,015  bills  were  introduced  in  the  House. 
In  the  62d  Congress  the  principal  committees  consisted  of 
21  members  each — 14  Democrats  and  7  Republicans.     Among 


PROCEDURE  IN  CONGRESS  147 

the  most  important  standing  committees  of  the  House  are  the 
following:  Ways  and  Means  (the  most  important  because  it 
has  charge  of  bills  for  raising  revenues),  Appropriations,  Judi- 
ciary, Interstate  and  Foreign  Commerce,  Post-OfEces  and  Post- 
Roads,  Military  Affairs.  The  number  of  committees  in  the 
Senate  was  72  in  the  61st  Congress.  The  names  of  a  few  are: 
Finance  (corresponding  to  the  Committee  on  Ways  and  Means 
in  the  House),  Agriculture,  Commerce,  Foreign  Relations,  Indian 
Affairs,  Railroads,  Pubhc  Lands. 

Both  in  the  House  and  in  the  Senate,  every  member  is  on 
some  committee,  and  some  members  have  places  on  several 
committees. 

Over  the  bills  placed  in  their  charge,  committees  have  Power  of 
a  great  degree  of  control.  "They  may  amend  a  bill  as  over  bills. 
they  please;  they  may  even  make  it  over  so  entirely  that 
it  is  really  a  new  bill,  reflecting  the  views  of  the  com- 
mittee rather  than  the  views  of  the  originator."  The  power 
of  House  committees  to  kill  bills  by  refusing  to  report  them 
was  exercised  for  many  years,  until  it  was  taken  away,  in 
1910,  by  a  new  rule  under  which  a  majority  of  the  House 
may  discharge  a  committee  from  further  consideration  of 
a  bill.  It  may  then  be  brought  before  the  House  in  spite 
of  the  committee's  opposition. 

The  influence  of  committees  in  determining  what  l^ws 
shall  be  passed  is  further  shown  by  the  following  facts: 
(1)  Their  sessions  are  secret  and  their  proceedings  are  sel- 
dom published.  Committees  frequently  conduct  "hear- 
ings," however,  which  are  generally  public,  and  at  which 
testimony  and  arguments  are  presented  by  both  friends 
and  opponents  of  a  measure.  (2)  Only  a  very  small  pro- 
portion of  the  bills  referred  are  ever  reported  back  to  the 
House.  (3)  The  House  really  deliberates  upon  only  a 
few  of  the  most  important  bills  that  are  reported.  It  ac- 
cepts the  recommendations  of  the  committees  as  to  the 
proper  disposition  of  the  great  majority  of  these  bills, 
and  they  are  passed  or  rejected  without  question  or  de- 


148  PROCEDURE  IN  CONGRESS 

bate.     About  five  or  ten  per  cent,  of  the  measures  intro- 
duced become  laws,  and  only  a  small  number  of  these  are 
bills  of  importance. 
Responsi-         Only  in  small  measure,  therefore,  do  we  have,  in  the 
committees  Housc,    legislation    by    deliberation    and    debate.*     The 
power  intrusted  to  the  committees  is  so  great  that  nothing 
but  the  personal  integrity  of  the  Representatives  can  pre- 
vent its  abuse.     Corrupt  influences  may  easily  be  brought 
to  bear  upon  them,  for  there  are  always  present  in  the 
"lobby"  men  w^hose  sole  aim  is  to  influence  legislation  in 
this  way.     Since  the  committees  are  held  responsible  only 
in  a  slight  degree  for  the  business  intrusted  to  them,  the 
detection  of  such  evils  is  very  difficult. 
The  When  a  bill  is  reported  back  to  the  House  it  is  placed 

calendars.  '^  ,       n  ^  i       <<tt    • 

on  one  of  three  calendars:  the  nrst,  known  as  the  Union 
Calendar,"  contains  all  bills  for  raising  revenue  and  all  bills 
of  a  public  character  appropriating  money;  the  second, 
or  "House  Calendar,"  all  other  bills  of  a  public  character; 
the  third,  all  private  bills.  Bills  are  not  ordinarily  brought 
before  the  House  for  discussion  in  the  order  in  which  they 
stand  on  these  calendars.  Whether  a  bill  will  ever  get 
farther  than  the  calendar  depends  to  some  extent  upon  its 
importance  and  merits,  but  chiefly  upon  the  skill  and  in- 
fluence of  the  member  who  has  charge  of  it.  This  is  gener- 
ally the  chairman  of  the  committee  that  reported  the  bill. 

The  above  statement  is  subject  to  modification  in  two  ways. 
(1)  A  fourth  calendar,  known  as  the  Unanimous  Consent  Calen- 
dar, contains  bills  that  were  originally  upon  the  first  two  cal- 
endars mentioned,  but  which  have  been  transferred  to  it  at  the 
request  of  a  member.  When  this  calendar  is  before  the  House, 
bills  may  be  called  up  in  the  order  in  which  they  stand  upon 
it,  by  unanimous  consent;  that  is,  if  no  member  objects.  (2) 
Another  rule  (since  1910)  establishes  "Calendar  Wednesday," 
which  will  be  explained  on  p.  149. 

*  There  is  much  debate,  however,  in  connection  with  appropriation 
bills. 


PROCEDURE  IN  CONGRESS  149 

Like  all  similar  bodies,  the  House  has  an  "order  of  The 

'  order  of 

business"  laid  down  by  the  Rules.  (1)  After  the  prayer  business." 
by  the  chaplain  each  day's  business  is  opened  by  the  read- 
ing and  approval  of  the  Journal.  (2)  Then  the  Speaker 
lays  before  the  House  messages  from  the  President,  re- 
ports and  communications  from  heads  of  departments, 
etc.,  which  are  at  once  referred  to  special  or  standing 
committees.  (3)  Next  in  order  comes  unfinished  business. 
(4)  The  rules  provide  that  on  all  days  except  the  second 
and  fourth  Mondays  of  each  month,*  one  hour  shall  be 
given  to  a  "call  of  the  committees."  During  this  "morn- 
ing hour"  "each  committee  when  named  may  call  up  for 
consideration  any  bill  reported  by  it  on  a  previous  day." 
At  the  expiration  of  one  hour  the  House  may  go  into 
"Committee  of  the  Whole"  (see  pp.  150-151);  or,  the 
"morning  hour"  maij  continue  a  longer  time.  Beyond 
this  order  of  business  the  procedure  is  too  complicated 
for  brief  statement. 

The  theory  of  the  rule  requiring  a  call  of  committees 
daily  has  not  been  observed  in  practice,  so  that  there  has 
been  slight  chance  that  a  bill  could  be  called  up,  except 
by  consent  of  the  Speaker.  This  condition  was  altered  in 
1910  by  the  rule  requiring  that  on  Wednesday  of  each  week 
the  list  of  committees  must  be  called  in  their  order,  and 
that  bills  on  the  Union  and  House  Calendars  may  then  be 
considered. 

It  is  during    the  call  of  the  committees  that  a  member  How  a  bin 

^  ...  gets  before 

in  charge  of  a  bill  may  secure  recogmhmi,  that  is,  the   the  House, 
right  to  speak.     He  thus  brings  his  bill  before  the  House.! 

*  On  these  days  the  business  reported  by  the  Committee  on  the  Dis- 
trict of  Columbia  has  precedence. 

t  A  previous  arrangement  with  the  Speaker,  or  with  the  Committee  on 
Rules,  is  necessary  to  secure  recognition,  except  on  "Calendar  Wednes- 
day," or  for  the  consideration  of  bills  on  the  Unanimous  Consent  Calen- 
dar, or  those  which  have  been  taken  out  of  the  hands  of  committees. 
(See  discharge  of  committee,  p.  147.) 


150 


PROCEDURE  IN  CONGRESS 


Methods  of 
voting. 


Paire 


Committee 
of  the 
Whole. 


The  consideration  of  this  bill  may  occupy  the  entire  hour, 
during  which  the  member  has  control  of  the  floor.  After 
speaking,  he  generally  yields  the  floor,  temporarily,  to 
others,  both  friends  and  opponents,  who  debate  upon  the 
bill  or  endeavor  to  amend  it. 

Before  a  bill  is  brought  to  a  final  vote  the  Clerk  reads  it 
three  times:  the  first  time  by  title,  the  second  time  in  full, 
and  the  third  time  by  title  only,  unless  the  reading  in  full 
is  demanded  by  a  member.  When  the  Speaker  puts  the 
question  of  the  passage  of  a  bill  he  says,  "As  many  as  are 
in  favor  say  aye";  then  "As  many  as  are  opposed  say 
wo."  If  he  doubts  which  side  has  prevailed,  or  if  a 
division  is  called  for,  a  rising  vote  is  taken.  If  he  is  still 
in  doubt,  or  if  a  count  is  demanded  by  at  least  one-fifth 
of  a  quorum,  two  members  are  appointed  tellers ;  the  mem- 
bers voting  in  the  affirmative  pass  between  the  tellers  and 
are  counted;  then  those  favoring  the  negative.  If  the 
question  is  one  that  requires  the  yeas  and  iiays,  or  if  this 
method  of  voting  is  demanded  by  one-fifth  of  those  present, 
the  roll  is  called.  Each  member  who  wishes  to  vote  re- 
sponds when  the  Clerk  reads  his  name.  This  process  con- 
sumes half  an  hour  or  more.  After  the  roll-call  is  com- 
pleted, the  Speaker  announces  the  pairs.  Members  who 
belong  to  different  political  parties,  or  members  of  the 
same  party,  may  agree  that  they  shall  be  recorded  on 
opposite  sides  of  a  question,  whether  they  are  present  or 
not.  Pairs  may  be  arranged  for  particular  votes  only,  for 
a  given  day,  or  for  a  longer  time.  This  device  enables 
a  member  to  be  absent  from  the  House  without  feeling  that 
his  vote  is  needed,  while  at  the  same  time  a  record  has 
been  made  of  his  views. 

An  important  method  of  procedure  remains  to  be  de- 
scribed. At  any  time  after  the  "morning  hour,"  a  motion 
is  in  order  that  the  House  go  into  "Committee  of  the 
Whole  House  on  the  State  of  the  Union."    Certain  bills. 


PROCEDURE  IN  CONGRESS  151 

as  those  levying  taxes  and  appropriating  money,  must  be 
considered  in  Committee  of  the  Whole.  The  Speaker 
leaves  the  chair,  calling  another  member  to  his  place  as 
chairman.  In  Committee  of  the  WTiole  great  freedom  of 
debate  is  allowed.  Consequently,  a  bill  receives  much  more 
discussion  than  under  the  general  order  of  business. 
When  the  debate  is  closed,  the  committee  rises  and  reports; 
that  is,  the  Speaker  returns  to  his  chair  and  the  chairman 
reports  to  the  House  whatever  action  has  been  agreed 
upon  in  the  Committee  of  the  WTiole.  The  House  then 
adopts  this  report.  It  is  under  this  procedure  that  most 
of  the  long  speeches  reported  in  the  "Congressional 
Record"  are  delivered.  Frequently,  instead  of  actually 
delivering  his  speech,  a  member  merely  makes  a  few  re- 
marks and  asks  leave  to  print  the  rest  of  it.  Members 
frequently  get  reprints  of  their  speeches  (whether  these 
were  actually  delivered  or  not)  for  distribution  among 
their  constituents  and  for  campaign  literature. 

We  have  now  followed  the  course  of  a  bill  from  its  in-  The  bill  in 
troduction  in  the  House,  through  the  committee  and  the 
debate  which  it  may  receive,  to  the  final  vote  on  its  passage. 
When  a  bill  has  passed  the  House  it  receives  the  signatures 
of  the  Speaker  and  the  Clerk  and  is  carried  to  the  Senate. 
Here  the  presiding  officer  immediately  refers  it  to  a  com- 
mittee. The  process  of  passing  bills  in  the  Senate  is  in 
general  the  same  as  in  the  House.  Some  differences  in 
procedure  will,  however,  be  noted  later.  Each  house  has 
the  right  to  amend  a  bill  that  has  already  passed  the  other 
house.  If  the  house  in  which  the  measure  originated  does 
not  accept  the  amendment  the  bill  fails  to  become  a  law. 
Or,  a  conference  committee  may  be  arranged,  which  is  Conference 
composed  of  a  few  (generally  three)  members  from  the  teea."^* 
House  and  Senate  committees  that  have  previously  con- 
sidered the  bill.  If  the  conference  committee  succeeds  in 
arranging  a  satisfactory  compromise,  each  house  will  pass 


152 


PROCEDURE  IN  CONGRESS 


Article  I, 
section  7, 
clause  2. 


Reasons 
for  the 
veto 
power. 


the  bill  in  the  form  agreed  upon  and  reported  by  this  com- 
mittee. 

The  power  of  enacting  laws  is  not  vested  solely  in 
Congress,  but  it  resides  to  some  extent  in  the  President 
also.  The  manner  in  which  the  President  may  exercise 
his  legislative  authority  is  now  stated. 

Every  bill  which  shall  have  passed  the  House  of  Repre- 
sentatives and  the  Senate,  shall,  before  it  become  a  law,  be 
presented  to  the  President  of  the  United  States;  if  he  ap- 
prove, he  shall  sign  it;  but  if  not,  he  shall  return  it,  with 
his  objections,  to  that  house  in  which  it  shall  have  origi- 
nated, tvho  shall  enter  the  objections  at  large  on  their  journal, 
and  proceed  to  reconsider  it.  If,  after  such  reconsidera- 
tion, two-thirds  of  that  house  shall  agree  to  pass  the  bill, 
it  shall  be  sent,  together  with  the  objections,  to  the  other 
house,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two-thirds  of  that  house,  it  shall  become  a  law. 
But  in  all  cases  the  votes  of  both  houses  shall  be  determined 
by  yeas  and  nays,  and  the  names  of  the  persons  voting  for 
and  against  the  bills  shall  be  entered  on  the  journal  of  each 
house  respectively.  If  any  bill  shall  not  be  returned  by  the 
President  vyithin  ten  days  {Sundays  excepted)  after  it  shall 
have  been  presented  to  him,  the  same  shall  be  a  law,  in  like 
manner  as  if  he  had  signed  it,  unless  the  Congress,  by  their 
adjournment,  prevent  its  return,  in  which  case  it  shall  not 
he  a  law. 

The  President  is  expected  to  use  his  veto  power  when- 
ever, in  his  opinion,  a  bill  of  Congress  is  unwise  or  uncon- 
stitutional. The  division  of  the  legislative  power  between 
these  two  departments  of  government  is  in  accordance 
with  the  principle  of  "checks  and  balances"  which  we 
may  find  exemplified  in  many  other  parts  of  our  National 
system.  Hasty  action  on  the  part  of  Congress,  or  an 
attempt  to  encroach  upon  the  jurisdiction  reserved  to  the 
other  departments  or  to  the  States,  may  be  opposed  by  the 


PROCEDURE  IN  CONGRESS  153 

Presideniial  veto.  The  veto  power  is  not  absolute,  how- 
ever, since  a  determined  majority  of  two-thirds  of  the 
members  in  both  houses  may  prevail  in  spite  of  it.  This 
feature  of  the  system  is  based  on  a  sound  principle,  also, 
since  it  must  be  presumed  that  the  will  of  the  people  is 
more  adequately  represented  in  a  Congress  that  is  con- 
stituted in  this  way  than  in  the  person  of  the  President 
alone. 

Before  President  Johnson,  the  largest  number  of  bills  vetoed  Vetoes  by 
by  any  one  President  was  twelve,  by  President  Jackson.  Dis-  presidents 
agreement  with  Congress  on  the  reconstruction  policy  accounts 
for  President  Johnson's  twenty-one  vetoes.  Some  of  the  bills 
to  which  he  refused  assent  were  important  and  were  afterward 
passed  over  his  veto.  President  Grant  vetoed  forty-three  bills, 
one  of  which  (the  so-called  "inflation  bill")  was  of  great  con- 
sequence. President  Cleveland  vetoed  three  hundred  and  one 
bills  in  his  first  administration,  the  total  number  of  vetoes  in 
our  history  before  that  time  having  been  but  one  hundred  and 
thirty-two.  This  is  largely  accounted  for  by  President  Cleve- 
land's refusal  to  sign  certain  private  pension  bills,  of  which  a 
great  number  are  passed  by  every  Congress.* 

The  President  may  cause  a  bill  to  fail  by  neither  signing  nor  The 
vetoing  it  during  the  last  ten  days  of  a  session.     The  term    "p/"^)^** 
"pocket  veto"  has  been  applied  to  this  method  of  defeating 
legislation. 

Lest  Congress  should  seek  to  evade  the  necessity  of 
submitting  its  acts  to  the  President,  the  following  clause 
of  the  Constitution  prohibits  the  enactment  of  legislation 
under  any  other  title  than  that  of  a  bill. 

Every  order,  resolution,  or  vote  to  which  the  concurrence   section?, 
of  the  Senate  and  House  of  Representatives  may  he  neces-  ^  *"^^  ^' 
sary  {except  on  a  question  of  adjournment),  shall  he  pre- 
sented to  the  President   of  the  United  States;  and  hefore 
the  same  shall  take  effect,  shall  he  approved  by  him,  or  he- 
ing  disapproved  by  him,  shall  be  repassed  by  two-thirds  of 

*  For  Johnson's  vetoes,  see  American  History,  422,  423;  Grant's,  ibid., 
445;  Cleveland's,  ibid.,  465-466. 


154 


PROCEDURE  IN  CONGRESS 


Unifying 
forces  in 
the  House. 


The  power 
of  the 
majority. 


the  Senate  and  House  of  Representatives,  according  to  the 
rules  and  limitations  prescribed  in  the  case  of  a  bill. 

Because  the  House  represents  the  people  more  directly 
than  does  the  Senate,  and  because  it  is,  generally  speaking, 
the  more  interesting  body  to  observe,  we  shall  now  look 
farther  into  its  workings  to  discover  how  its  action  is  really 
controlled.  When  one  considers  the  immense  mass  of 
business  laid  before  the  House  and  the  more  than  fifty 
committees  that  work  independently  of  one  another,  each 
member  and  each  committee  endeavoring  to  secure  the 
passage  of  particular  bills,  it  seems  a  wonder  that  any 
unity  of  purpose  or  harmony  in  legislation  can  be  at- 
tained. But  forces  are  at  work  beneath  the  surface  to 
bring  order  out  of  the  apparent  chaos. 

The  first  of  these  forces  is  the  power  of  the  majority. 
Party  caucuses  and  conferences — that  is,  meetings  of  the 
Representatives  belonging  to  one  party — are  of  frequent 
occurrence,  especially  if  the  majority  is  small  and  it  be- 
comes necessary  to  present  a  united  front  to  the  opposition. 
Those  who  attend  and  participate  in  a  caucus  are  expected 
to  abide  by  the  decision  of  the  majority  as  to  the  measures 
that  must  be  passed  or  rejected  in  Congress.  But  no 
such  rule  binds  members  who  attend  a  party  conference. 
In  this  way  a  more  or  less  consistent  policy  may  be  car- 
ried out.  The  power  of  the  majority  may  also  be  seen 
at  work  in  the  committees.  The  majority  of  a  committee 
sometimes  frames  a  bill  without  consultation  with  the 
minority  members.  The  latter  are  called  in  when  the 
measure  is  complete,  and  their  views  are  given  a  hearing, 
but  they  really  have  no  voice  in  the  matter.  They  may, 
however,  present  a  minority  report  to  the  House. 

A  second  force  tending  to  unify  the  action  of  the  House 
is  the  authority  given  to  the  Committee  on  Rules.  This 
committee  is  composed  (since  March,  1910)  of  ten  mem- 
bers, six  being  of  the  majority  and  four  of  the  minority 


PROCEDURE  IN  CONGRESS 


155 


party.     They  are  elected,  and  the  Speaker  cannot  be  a 
member. 

It  will  be  remembered  that  with  certain  exceptions  (see  committee 
p.  149)  bills  are  not  considered  in  their  order  on  the  calen-  °  ^' 
dars.  Othen\-ise,  this  committee  decides  which  bills  shall 
be  taken  up,  what  length  of  time  shall  be  given  to  each, 
and  when  each  shall  come  to  a  vote.  It  thus  makes  a 
sort  of  program  for  the  House  and  so  decides  the  fate 
of  a  great  many  bills.  Of  course  the  Committee  on  Rules 
must  be  sustained  by  a  majority  of  the  House;  but  the 
House  generally  looks  to  this  committee  for  leadership. 

A  third  force  tending  to  unify  the  action  of  the  House  The  power 
is  the  power  of  the  Speaker.  Since  the  Speaker  repre-  Speaker, 
sents  the  majority,  he  is  dependent  upon  it  for  the  ex- 
ercise of  his  power.  But  once  elected,  this  officer  is  re- 
garded as  the  leader  of  the  majority  and  his  influence 
is  very  great  in  determining  party  policy.  The  Speaker's 
power  is  exerted  in  several  ways: 

(1)  ^^^len  the  minority  foresee  that  they  will  be  beaten  FiHbus- 
on  an  important  question  they  sometimes  resort  to  fili- 
bustering or  obstructive  tactics.  They  endeavor  to  delay 
action  in  the  hope  that  the  majority  will  be  driven  by  sheer 
exhaustion  to  compromise.  They  accordingly  consume 
time  by  making  long  speeches.  But  since  the  Committee 
on  Rules  (sustained  by  a  majority  of  the  House)  may  fix 
the  time  for  a  vote,  this  method  of  filibustering  is  not  al- 
ways effective.  Again,  the  minority  may  attempt  to  de- 
lay action  by  making  dilatory  motions  (such  as  a  motion  to 
adjourn)  and  then  calling  for  the  yeas  and  nays.  Since 
each  roll-call  occupies  half  an  hour  or  more,  this  method 
has  sometimes  in  the  past  been  very  successful.  But  in 
recent  years  the  Speaker  has  been  given  authority  to  de- 
cide when,  in  his  opinion,  such  motions  are  intentionally 
dilatory,  and  to  refuse  to  entertain  them.  At  such  times, 
therefore,   the  Speaker  sets  aside  the  ordinary  rules  of 


tenng. 


156 


PROCEDURE  IN  CONGRESS 


Counting  a 
quorum. 


Recog- 

DitiOQ. 


parliamentary  practice  and  governs  the  House  arbitrarily; 
but  it  must  be  remembered  that  he  is  executing  the  will 
of  the  majority. 

Speaker  Reed  used  an  effective  method  to  stop  filibustering 
in  the  51st  Congress,  when  the  Repubhcan  majority  was  very 
small.  In  order  to  prevent  the  passage  of  bills,  members  of 
the  minority  would  refuse  to  vote  when  the  roll  was  called.  As 
it  was  often  impossible  to  secure  the  attendance  of  all  members 
of  the  party  in  power,  the  roll-call  would  show  less  than  a  ma- 
jority "present."  Hence  business  would  be  stopped  under  the 
point  of  order  "no  quoriun."  At  such  a  juncture.  Speaker 
Reed  directed  the  clerk  to  count  as  present  members  sitting  in 
their  seats  who  had  not  voted.  Thus  a  quormn  was  secured  and 
bills  were  passed.  The  Supreme  Court  has  pronounced  this  proced- 
ure legal,  and  subsequent  Congresses  have  followed  the  practice. 

(2)  Much  of  the  power  given  to  the  Speaker  would  be 
useless  but  for  the  power  of  recognition.  As  in  other  as- 
semblies, before  any  one  can  speak  he  must  be  recognized 
by  the  chair.  The  Speaker  may  recognize  whom  he 
pleases,  not  necessarily  the  one  who  first  addresses  him, 
except  on  "Calendar  Wednesday,"  and  when  bills  are 
called  up  from  the  Unanimous  Consent  Calendar,  and  in 
the  case  of  bills  taken  out  of  the  hands  of  a  committee. 
Consequently,  at  other  times  if  a  member  wishes  to  push 
his  bill  through  the  House,  it  is  necessary  to  consult  the 
Speaker  and  obtain  his  consent.  He  will  then  be  recog- 
nized at  the  time  agreed  upon.  By  a  similar  arrange- 
ment other  members  will  secure  the  right  to  debate  the  bill. 

Until  the  long  session  of  the  61st  Congress  (March,  1910),  the 
Speaker's  power  also  included  that  of  appointing  all  committees, 
including  the  Committee  on  Rules,  and  he  was  chairman  of  that 
committee.  These  facts  gave  him  almost  dictatorial  power  over 
the  biUs  that  should  come  up  for  discussion  and  over  their  fate 
as  well.  This  power  as  exercised  by  Speaker  Cannon  resulted 
in  a  revolt  in  which  a  number  of  Republican  members  (known 
as  "insurgents")  joined  with  the  Democratic  Representatives  to 


PROCEDURE  IN  CONGRESS  157 

outvote  the  "regular"  Republicans,  and  thus  secured  amend- 
ments to  the  Rules.  The  constitution  of  the  Committee  on 
Rules  was  changed  (see  above)  and  the  Speaker  was  made  ineli- 
gible for  a  position  upon  it. 

It  was  claimed  that  these  changes  were  necessary  to  take  the 
control  of  the  House  out  of  the  hands  of  a  small  body  of  men. 
On  the  other  hand,  the  previous  arrangement  was  regarded  by 
some  as  essential  to  prevent  filibustering  and  to  expedite  busi- 
ness. 

Procedure  in  the  Senate  differs  from  that  in  the  House   compari- 
in    three   important  respects.     (1)  The  presiding  officer,   senate  and 
whether  he  be  the  Vice-President  or  the  President  pro  procedure. 
tempore,  has  less  power  than  the  Speaker.     He  is  more 
impartial  in  his  recognition  of  both  sides,  therefore  fili- 
bustering is  easier  in  the  Senate  than  in  the  House. 

(2)  There  is  less  restriction  on  the  freedom  of  debate  in 
the  Senate;  consequently  important  measures  are  passed 
less  promptly  than  in  the  House.  In  fact,  there  is  no 
means  by  which  debate  can  be  closed  in  the  Senate. 

(3)  The  Senate  has  a  higher  standard  of  decorum  than 
that  which  prevails  in  the  House.  Senators  are  expected 
to  heed  carefully  one  another's  rights  and  wishes,  and  to 
avoid  extreme  exhibitions  of  party  spirit.  The  Senate 
is,  therefore,  a  more  quiet  and  orderly  body  than  the 
House;  in  it  angry  debate  and  violent  behavior  are  of 
rare  occurrence.  In  its  methods  of  procedure  the  Senate 
is  more  deliberative  and  less  business-like  than  the  House. 

In  State  legislatures  throughout  the  Union  the  method  of   Cabinet 
procediu-e  is  substantially  the  same  as  that  which  we  have  seen   system  of 

■^  •'  .  govern- 

at  work  in  Congress.     But  this  system,  sometimes  called  the   ment. 
"Committee  system,"  is  foimd  nowhere  else.     Every  national 
legislative  body  in  the  world  except  our  Congress  works  under 
the  "Cabinet  system"  of  government.     This  may  be  best  seen 
in  the  English  Government,  where  it  was  first  developed. 

The  supreme  legislature  of  England  is  Parliament,  composed   The 
of  the  House  of  Commons  and  the  House  of  Lords.     Although   cabinet 
England  is  nominally  a  kingdom,  the  monarch  has  little  real   system. 


158 


PROCEDURE  IN  CONGRESS 


Dissolution 
of  Parlia- 
ment. 


Responsi- 
bility. 


authority.  The  actual  executive  is  the  Cabinet;  at  its  head 
is  the  Prime  Minister,  who  corresponds  in  many  ways  to  our 
President.  In  England  the  legislative  and  executive  depart- 
ments are  united;  for  the  members  of  the  Cabinet  must  be 
members  of  Parliament,  and  the  Prime  Minister  is  always  the 
leader  of  the  political  party  that  has  a  majority  in  the  House 
of  Commons.  Nominally  the  monarch  chooses  the  Prime  Min- 
ister, but  in  reality  he  has  no  choice.  The  members  of  the  Cabi- 
net, numbering  fifteen  or  twenty,  are  executive  officers.  Each 
presides  over  a  department  and  controls  the  administration  of 
its  affairs  as  Cabinet  officers  do  in  the  United  States.  At  the 
same  time,  it  is  the  duty  of  Cabinet  ministers  to  participate 
in  the  legislation  of  Parliament:  (1)  by  framing  and  introducing 
all  important  bills,  and  (2)  by  pushing  these  bills  through  Parlia- 
ment by  debate  and  otherwise. 

The  Prime  Minister  "leads"  the  majority  party  in  the  House 
of  Commons;  or,  if  he  is  a  member  of  the  Lords,  another  Cabi- 
net member  is  leader  of  the  Commons.  The  opposition  party 
likewise  has  its  leader  in  each  house.  The  "Opposition"  tries 
to  hamper  or  defeat  the  measures  of  the  Government. 

The  length  of  a  Congress  in  the  United  States  is  fixed  at  two 
years.  A  term  of  Parliament  may  last  seven  years,  but  Parlia- 
ment may  be  dissolved  and  a  term  ended  at  any  time.  The  way 
in  which  this  comes  about  is  the  most  essential  feature  of  Cabi- 
net government.  The  Cabinet,  we  have  seen,  is  put  into  office 
by  the  majority  in  the  House  of  Commons,  and  it  will  retain  its 
position  as  long  as  it  is  sustained  by  that  majority.  If,  however, 
its  policy  proves  to  be  unpopular,  or  its  administration  weak, 
some  of  its  former  friends  will  withdraw  their  support.  There 
may  then  be  passed  a  vote  of  "lack  of  confidence";  or,  more 
usually,  the  Cabinet  fails  to  pass  an  important  bill  because  it 
no  longer  commands  sufficient  votes  in  the  House  of  Commons. 
In  either  case  the  Cabinet  resigns,  Parliament  is  dissolved,  and 
a  general  election  is  held  at  which  the  people  elect  new  members 
of  the  House  of  Commons.  In  this  new  house,  the  party  that 
has  just  been  retired  from  power  may  be  restored  if  the  people 
sustain  its  policy;  if  they  do  not,  the  opposite  party  will  have  a 
majority  in  the  House  of  Commons  and  its  leader  will  become 
Prime  Minister. 

Certain  advantages  are  claimed  for  this  system  over  the  Con- 
gressional or  Committee  system,  (1)  It  is  said  that  the  party 
in  power  is  more  directly  responsible  to  the  people  because  its 


PROCEDURE  IN  CONGRESS 


159 


tenure  of  office  is  not  fixed,  but  liable  to  termination  at  any 
time.  "Government,"  as  the  governing  officials  are  called,  will 
therefore  watch  public  opinion  very  closely  and  try  to  avoid  all 
unpopular  measures.  Moreover,  the  people  watch  the  ministry 
closely  because  they  may  be  called  upon  at  any  time  to  approve 
or  condemn  its  policy  by  electing  a  new  House  of  Commons. 
For  the  Congressional  system  it  is  claimed  that  these  same  ad- 
vantages are  secured  by  the  frequency  of  our  elections.  The 
hope  of  re-election  creates  responsibility. 

(2)  Under  the  Cabinet  system  the  harmony  of  the  legislative 
and  executive  departments  is  certain.  The  House  of  Lords  may 
not  agree  with  the  Commons,  but  its  power  is  very  much  less 
than  the  power  of  the  Senate  in  the  United  States.  The  Lords 
may  delay,  but  they  will  never  defeat  an  important  bill  which 
the  Conmaons,  backed  by  the  people,  are  determined  shall  pass.* 
In  the  United  States  the  President  may  not  be  of  the  same 
party  as  the  majority  of  Congress;   or,  being  of  the  same  party, 

he  may  have  very  different  views.  There  will  consequently  be  Harmony, 
friction  and  a  failure  to  harmonize  the  action  of  these  two  de- 
partments. On  the  other  hand,  it  is  urged  that  a  Cabinet  is 
undertaking  too  much  when  it  assumes  both  legislative  and 
executive  functions.  Attention  is  also  called  to  the  fact  that 
our  legislative  and  executive  are  not  completely  separated. 
Certain  functions  are  shared  between  them.  Moreover,  it  is 
quite  customary  for  Congressmen  and  committees  to  consult 
heads  of  departments  and  other  officials  while  framing  bills. 

(3)  In  Parliament,  the  leadership  of  certain  men  is  more  clearly   Leadership, 
recognized  and  more  consistently  followed  than  in  Congress. 
Consequently,  the  measures  by  which  a  party  carries  out  its 

policy  have  a  certain  unity  of  purpose  and  harmony  among  them- 
selves. The  Committee  system,  English  writers  say,  discour- 
ages leadership,  by  the  division  of  responsibility  for  legislation; 
it  makes  possible  poorly  constructed  and  inconsistent  laws 
which  do  not  pretend  to  be  parts  of  a  deliberate  governmental 
policy.  Defenders  of  the  Committee  system  point  to  the  imify- 
ing  influence  of  the  party  caucus  and  to  the  work  of  conference 

*  The  rejection  by  the  Lords  of  the  Commons'  budget  bill  (for  raising 
revenue),  in  1910,  was  followed  by  the  proposal  to  remove  the  power 
of  the  upper  house  to  veto  bills.  This  veto  may  also  be  prevented  by 
the  action  of  the  King  in  appointing  (upon  the  advice  of  the  ministry) 
such  a  number  of  new  peers,  with  the  right  to  sit  in  the  House  of  Lords, 
as  will  outvote  the  opponents  of  any  measure  in  that  house. 


160  PROCEDURE  IN  CONGRESS 

committees  in  harmonizing  differences  between  the  houses. 
Moreover,  it  is  claimed  that  the  Speakership  furnishes  a  suffi- 
cient element  of  leadership  and  that  more  is  not  desirable. 


Supplementary  Questions  and  References 

1.  From  the  Congressional  Record  one  may  learn  the  forms 
used  by  members  of  Congress  in  addressing  the  chair  and  each 
other;  also  the  forms  of  response  used  by  the  Speaker  and  the 
President  of  the  Senate. 

2.  In  the  Congressional  Directory  will  be  found  lists  of  the 
standing  committees  of  each  house,  as  well  as  select  and  joint 
committees;  diagrams  of  the  city  of  Washington,  the  Capitol 
building,  and  the  floors  of  the  houses  showing  the  seats  occupied 
by  the  members;  also  biographical  sketches  of  Senators  and 
Representatives. 

3.  What  difference  is  there  in  the  granting  of  recognition  to 
members  in  the  Senate  and  House?  Harrison,  This  Country 
of  Ours,  45-48. 

4.  One  way  of  accounting  for  the  large  number  of  bills  intro- 
duced into  Congress  is  discussed  in  Bryce,  I,  136-138. 

5.  What  appearance  does  the  House  of  Representatives  make 
when  at  work?     Biyce,  I,  142-148. 

6.  What  are  the  relations  of  the  two  houses  of  Congress? 
Bryce,  I,  chapter  18. 

7.  The  veto  power.  Bryce,  I,  58-61;  Cooley,  Principles  of 
Constitutional  Law,  49,  166-169. 

8.  How  are  obstructive  tactics  carried  on  ?  Alton,  Among  the 
Law  Makers,  chapter  20. 

9.  Why  is  there  little  debate  in  the  House  of  Representa- 
tives?    Wilson,  Congressional  Government,  72-73,  86-102. 

10.  Compare  the  Speaker  of  the  House  of  Representatives  with 
the  Speaker  of  the  House  of  Commons.     Bryce,  I.,  138-141. 

11.  The  best  descriptions  of  Congressional  procedure  are 
found  in  Bryce,  I,  chapters  10-16;  Wilson,  Congressional  Gov- 
ernment, chapters  1,  2,  4;  Follett,  The  Speaker;  McConachie, 
Congressional  Committees;  Beard,  American  Government  and 
Politics,  chapter  14;   Making  laws  at  Washington,  Cen.  Mag., 


PROCEDURE  IN  CONGRESS  161 

42  :  169-187;  Senate  procedure,  World's  Work,  11  :  7060-7065; 
7206-7211. 

12.  On  the  powers  of  the  Speaker,  see  Forum,  41  :  344-350; 
N.  Am.  Rev.,  188  :  495-503;  189  :  233-241;  Rev.  of  R's,  39: 
465^74;  Cen.  Mag.,  56  :  306-312;  Hart,  Essays  on  American 
Government,  chapter  1,  The  Speaker  as  Premier. 

13.  The  revolt  of  the  Insurgents  and  the  revision  of  the  Rules. 
Outlook,  94  :  635-640;  750-754;  Rev.  of  R's,  41  :  396-399;  N. 
Am.  Rev.,  191  :  510-515. 

14.  The  English  Cabinet  system  is  best  treated  in  Bagehot, 
The  English  Constitution;  Wilson,  The  State;  Moran,  The 
English  Government. 

15.  For  comparisons  of  the  Cabinet  and  Committee  systems 
consult  Bagehot,  84-100;  Bryce,  I,  147-153,  154-156,  168-173, 
286-297;  Wilson,  Congressional  Government,  72-73,  86-102, 
115-124,  318-324;  Fiske,  the  Critical  Period  of  American  His- 
tory, 289-300. 


CHAPTER  XVII 

NATIONAL  FINANCES 

Finances  of  NoTHiNG  revealed  more  completely  the  fatal  weakness 
eration.  of  the  govemmciit  under  the  Articles  of  Confederation 
than  its  failure  to  exercise  effectively  the  power  of  taxa- 
tion.* While  the  Articles  provided  that  the  expenses  of 
the  general  government  should  be  paid  out  of  a  com- 
mon treasury  "which  shall  be  supplied  by  the  several 
States,"  the  taxes  were  to  be  "laid  and  levied  by  the  au- 
thority and  direction  of  the  legislatures  of  the  several 
States."  In  practice,  each  State  contributed  as  much 
or  as  little  as  it  pleased.  The  general  government  made 
"requisitions"  upon  the  States  for  certain  amounts,  but 
it  had  no  means  of  compelling  the  legislatures  to  raise 
their  quotas.  The  failure  of  the  efforts  that  were  made 
to  amend  the  Articles  so  as  to  give  Congress  power  to 
levy  import  duties,  marks  the  complete  break-down  of  the 
government's  finances.  There  was  needed  a  system  under 
which  the  National  authority  might  be  exerted  directly 
upon  the  individual  citizens,  without  the  intervention  of 
State  authority.  This  was  secured  by  the  following  clause 
of  the  Constitution. 
Article  I,  The  Cofigress  shall  have  power  to  lay  and  collect  taxes, 

clause  1.'  duties,  imposts  and  excises,  to  pay  the  debts  and  provide 
for  the  common  defence  and  general  welfare  of  the  United 
States;  hut  all  duties,  imposts  and  excises  shall  be  uni- 
form throughout  the  United  States. 

*  See  American  History,  184,  193-194. 
162 


NATIONAL  FINANCES 


163 


Coupled  with  this  grant  of  power  was  a  prohibition: 

No  tax  or  duty  shall  be  laid  on  articles  exported  from  Section  9. 

^  clause  5. 

any  btate. 

The  forms  of  taxation  most  employed  by  the  National 
government  are  known  as  duties  *  and  excises.  The 
duties  which  Congress  is  empowered  to  levy  are  taxes  on 
goods  imported  into  the  country.  The  collection  of  duties 
takes  place  at  custom-houses  situated  at  the  "ports  of 
entry."  There  are  more  than  one  hundred  and  fifty 
ports  of  entry  distributed  throughout  the  United  States; 
the  greater  part,  though  not  all,  are  seaport  cities.  Each 
custom  house  is  in  charge  of  a  collector.  Duties  are  of 
two  kinds,  specific  and  ad  valorem.  Specific  duties  are  Kinds  of 
fixed  amounts  levied  on  certain  units  of  measurement  of 
commodities,  as  the  pound,  yard,  or  gallon.  For  ex- 
ample, under  the  tariff  law  of  1909  the  duty  on  tin  plate 
was  one  and  two-tenths  cents  for  each  pound.  Ad  valorem 
duties  are  levied  at  a  certain  rate  per  cent,  on  the  value 
of  the  articles  taxed.  The  law  of  1909  laid  a  duty  of  60 
per  cent,  on  lace  manufactures.  On  some  articles  both 
kinds  of  duties  are  collected ;  under  the  law  just  mentioned, 
the  duties  on  carpets  and  rugs  were  10  cents  per  square 
foot  and  40  per  cent,  ad  valorem  in  addition. 


At  New  York,  where  by  far  the  largest  part  of  our  importa- 
tions are  entered,  two  thousand  officers  and  clerks  are  employed 
in  the  custom  house.  The  method  of  collecting  duties  may  be 
briefly  described.  When  goods  are  purchased  in  a  foreign  coun- 
try, an  invoice  of  them,  stating  descriptions  and  prices,  is  filed 
with  the  United  States  consult  in  the  district  where  the  pur- 
chase is  made.  The  consul  sends  a  copy  of  the  invoice  to  the 
oflBcials  of  the  custom  house  at  the  port  of  entry  to  which  the 
goods  are  shipped.  Upon  their  arrival  in  the  United  States, 
the  cases  are  opened  and  the  goods  are  examined  to  see  that  they 

*  "The  terms  duties  and  imposts  are  nearly  synonymous." — Cooley, 
Principles  of  Constitutional  Law,  54. 
t  See  page  247. 


The 

collection 
of  duties. 


164 


NATIONAL  FINANCES 


Goods  in 
bond. 


Smuggling. 


Tariff  laws 


correspond  in  amount  and  prices  to  the  invoice  record.  If,  in 
the  judgment  of  the  custom  house  appraisers,  the  goods  are 
valued  too  low,  the  valuation  will  be  raised.  In  case  of  great 
vmdervaluation,  a  fine  is  imposed,  and  in  extreme  cases  the 
goods  are  confiscated. 

If  an  importer  does  not  wish  to  sell  his  goods  immediately, 
they  may  be  stored  in  a  "bonded  warehouse"  which  is  under 
the  supervision  of  Government  officials.  The  owner  agrees, 
under  bond,  to  withdraw  the  goods  and  pay  the  duties  (or  else 
to  export  the  goods)  within  three  years.  By  a  similar  arrange- 
ment, goods  may  be  shipped  "in  bond"  from  a  port  of  entry 
to  a  "port  of  delivery." 

Passengers  on  steamships  coming  from  foreign  countries  are 
required  to  declare  what  dutiable  goods  they  have  among  their 
baggage.  Upon  landing,  their  baggage  is  examined;  trunks  and 
valises  are  opened,  and  in  suspected  cases  the  persons  of  travel- 
lers are  searched  for  concealed  dutiable  goods.  The  temp- 
tation to  undervaluation  and  to  smuggling,  in  order  to  escape 
this  form  of  taxation,  is  so  great  that  constant  vigilance  is  neces- 
sary at  custom  houses  and  along  the  borders  of  the  United 
States  to  prevent  these  frauds.  Special  agents  and  revenue  cut- 
ters are  employed  to  detect  violations  of  the  law. 

A  schedule  of  rates  of  duties  is  called  a  tariff.  It  is 
evident  that  the  importer  adds  the  amount  paid  as  a 
duty  to  the  price  of  an  imported  article  when  he  sells  it. 
If  a  higher  price  is  caused  in  this  way,*  this  may  deter 
importation  and  encourage  the  production  of  such  arti- 
cles in  this  country.  Consequently,  high  rates  of  duties 
may  have  a  decided  influence  upon  the  industries  of  a 
country.  When  tariff  rates  are  fixed  without  reference 
to  the  way  in  which  they  may  affect  industries,  we  have 
a  "tariff  for  revenue";  the  sole  object  in  view  is  the 
raising  of  a  certain  amount  of  revenue.  In  a  "protective 
tariff"  law,  on  the  other  hand,  the  rates  are  fixed  with 
the  purpose  of  encouraging  certain  industries;  they  are 
made  so  high  that  it  will  be  less  profitable  to  import  the 

*  It  may  happen  that  the  foreign  producer  will  lower  his  prices  suffi- 
ciently to  counterbalance  the  effect  of  the  duty  in  this  country. 


NATIONAL  FINANCES 


165 


articles.  The  question,  Which  tariff  policy  is  the  wiser? 
has  been  one  of  the  leading  issues  in  National  politics 
during  the  greater  part  of  our  history. 

The  United   States  has  entered  into  "reciprocity  treaties"    Reciproc- 
with  various  countries  for  securing  the  reduction  of  tariff  rates.    '*^' 
Each  country  agrees  to  admit  certain  products  of  the  other 
country  at  reduced  rates,   or  free  of  duty.     These  are  com- 
modities in  the  production  of  which  there  is  Httle  or  no  com- 
petition between  the  parties  to  the  treaty. 

The  tariff  law  of  1909  provided  for  a  tariff  board  of  three   The  Payne- 
members,  who  will  investigate  the  facts  as  to  production  and    tarifflaw 
prices,  both  here  and  abroad,  upon  which  our  tariff  laws  should    1909. 
be  based.     (Compare  the  Tariff  Commission  of  1883,  American 
History,  467-468.) 

This  is  a  step  in  the  direction  of  placing  the  work  of  tariff  mak- 
ing upon  a  scientific  basis,  rather  than  leaving  the  determina- 
tion of  rates  to  influences  that  may  be  brought  to  bear  upon 
members  of  Congress  by  particular  industrial  interests,  which 
naturally  wish  rates  favorable  to  themselves.  This  law  also 
incorporated  the  maxinumi  and  minimum  principle.  That  is, 
the  rates  fixed  were  minimum ;  but  whenever  the  President  shall 
determine  that  any  other  country  has  so  adjusted  its  tariff  rates 
that  they  unjustly  discriminate  against  our  products,  then  he 
may  order  a.n  increase  of  twenty-five  per  cent,  uj^on  these  rates, 
to  apply  to  certain  imports  from  that  country.  Free  trade  with 
the  Philippine  Islands  was  enacted,  though  the  amounts  of  sugar 
and  tobacco  that  can  be  imported  free  were  limited.  There  was 
established  a  Customs  Court,  for  the  consideration  of  disputed 
questions  of  classification  and  rates,  hitherto  decided  by  cus- 
toms officers  and  the  regular  courts. 


Excises  are  taxes  levied  on  the  manufacture  and  sale   The 
of  commodities.     It  is  customary  to  speak  of  the  proceeds   revenue 
of  these  taxes  as  "internal  revenue."     Liquors  and  tobacco 
are  the  most  common  objects  of  excise  taxation.*     Besides 

*  Taxes  are  levied  not  only  upon  the  liquors  themselves  but  upon  the 
business  of  brewing  and  rectifying;  of  selling  by  wholesale  and  by  retail; 
of  manufacturing  stUls:  and  upon  the  stills  themselves.  A  list  of  these 
taxes  may  be  obtained  from  the  collector  of  any  internal-revenue  dis- 
trict. 


166 


NATIONAL  FINANCES 


The  taxes 
of  1898. 


Collection 
of  excise 
taxes. 


Corpora- 
tion tax. 


these,  the  National  government  taxes  snuff,  opium,  oleo- 
margarine, filled  cheese,  mixed  flour,  and  playing  cards. 

Upon  the  outbreak  of  the  Spanish-American  War  (1898), 
additional  taxation  became  necessary.  The  liquor  and  tobacco 
taxes  were  increased  and  new  taxes  were  levied  upon  bankers 
and  brokers,  billiard  rooms,  and  legacies,  and  upon  proprietary- 
articles  and  legal  dociunents.*  Under  this  law,  the  internal- 
revenue  receipts  increased  from  $170,000,000  in  1898  to  $273,- 
000,000  in  1899.  These  taxes  were  repealed  by  Congress  in 
1901-2.  An  inheritance  tax  levied  in  connection  with  those 
just  mentioned  was  also  repealed  later. 

The  collection  of  excise  taxes  is  supervised  by  the  Commis- 
sioner of  Internal  Revenue,  who  is  the  head  of  a  bureau  in  the 
Treasury  Department.  There  are  more  than  sixty  revenue 
districts  in  the  United  States,  with  a  collector  at  the  chief  official 
in  each.  This  officer  is  responsible  for  the  proper  enforcement 
of  the  laws  in  his  district;  special  agents  are  employed  by  the 
bureau  to  examine  into  suspected  cases  of  fraud. f  The  greater 
number  of  these  taxes  are  paid  by  the  purchase  of  stamps  which 
must  be  affixed,  in  the  proper  denominations,  to  the  articles 
taxed.  When  a  license  fee  is  required  for  carrying  on  an  occu- 
pation, the  purchase  and  display  of  a  certificate  secures  the  en- 
forcement of  the  law.  Distilleries  are  under  the  supervision  of 
government  "store-keepers,"  who  inspect  and  record  each  step 
in  the  manufacture  of  spirits.  A  ganger  measures  the  contents 
of  each  package  and  affixes  the  stamps. 

The  first  internal-revenue  law,  that  of  1791,  taxing  the  pro- 
duction of  distilled  spirits,  was  a  part  of  Hamilton's  financial 
policy.  In  western  Pennsylvania  it  caused  violent  opposition, 
known  as  the  Whiskey  Rebellion.  J 

In  1909  Congress  enacted  a  law  levying  a  tax  of  one  per  cent, 
upon  the  net  income  above  $5,000  of  all  corporations,  joint  stock 
companies,  and  associations.  This  is  known  as  the  corpora- 
tion tax  law.  The  power  of  Congress  to  levy  this  tax  was 
questioned,  but  the  Supreme  Court  upheld  its  constitutionality. 

*  The  documentary  taxes  are  similar  to  those  imposed  by  Parliament 
in  the  Stamp  Act  of  1765.  They  were  also  levied  by  our  government 
during  the  Civil  War.     See  American  History,  145,  388-389. 

t  "Moonshiners"  who  run  illicit  stills  are  numerous  in  the  remote 
mountainous  districts  of  the  Southern  States. 

J  American  History,  220,  231. 


NATIONAL  FINANCES 


167 


It  is  customary  to  classify  taxes  as  direct  and  indirect. 
A  duty,  for  instance,  is  considered  an  indirect  tax,  be- 
cause the  importer  who  pays  it  adds  the  amount  to  the 
price  of  the  commodity  upon  which  it  is  levied.  The 
same  is  true  of  most  articles  upon  which  excise  taxes  are 
paid.  The  consumer  pays  the  tax,  in  reality,  but  he  pays 
it  indirectly  to  the  government. 

Now,  the  rule  prescribed  in  the  Constitution  for  levy- 
ing the  kinds  of  taxes  so  far  discussed  is  a  part  of  the 
clause  quoted  above  (p.  162):  "but  all  duties,  imposts, 
and  excises  shall  be  uniform  throughout  the  United  States." 
The  justice  of  this  rule  is  evident.  The  rates  must  not 
vary  at  the  different  ports  of  entry  or  in  the  various  collec- 
tion districts  of  the  country.  The  Constitution  does  not 
use  the  term  "indirect  taxes,"  but  it  does  speak  of  direct 
taxes,  as  follows: 

Representatives  and  direct  taxes  shall  he  apfortioned 
among  the  several  States  .  .  .  according  to  their  respec- 
tive numbers.  .  .  . 

No  capitation,  or  other  direct,  tax  shall  be  laid  unless 
in  proportion  to  the  census  or  enumeration  hereinbefore 
directed  to  be  taken. 

Early  in  our  history,  the  question  arose.  What  is  a 
direct  tax?  The  Supreme  Court  decided  this  (1796)  by 
naming  only  two  kinds  of  taxes  as  direct,  under  the  Con- 
stitution: i.  e.,  poll  or  capitation  taxes  (those  assessed  upon 
individuals)  and  taxes  on  land.  Only  these  two  taxes, 
then,  were  to  be  apportioned  among  the  States,  when 
levied.  All  others  were  to  be  uniform.  This  decision 
was  followed  for  one  hundred  years. 


Direct  and 

indirect 

taxes. 


How  eacii 
kind  must 
be  levied. 


Article  1, 
section  2, 
clause  3. 


Section  9, 
clause  4. 


Direct 
taxes. 


In  1798  Congress  levied  a  direct  tax  of  two  million  dollars  and 
apportioned  it  among  the  States  in  proportion  to  their  popula- 
tion. The  objects  taxed  were  houses,  land,  and  slaves,  and  the 
collection  was  made  by  Federal  officers.  Similar  laws  were 
enacted  in  1815  and  1861. 


168 


NATIONAL  FINANCES 


Income 
taxes. 


Law  of 
1894 
declared 
unconstitu- 
tional. 


It  is  not  likely  that  another  direct  tax  will  be  levied  and  appor- 
tioned among  the  States  according  to  population.  This  is  because 
differences  in  population  among  the  States  do  not  correspond 
to  differences  in  wealth  (i.  e.,  ability  to  pay  the  tax).  The  more 
populous  States  are  also  the  more  wealthy,  but  the  per  caTpita 
wealth  is  much  greater  there  than  in  those  States  where  popula- 
tion is  less  dense.  Consequently,  in  the  agricultural  States  of 
the  South  and  West,  the  burden  of  taxation  would  be  unjustly 
heavy. 

The  position  of  income-tax  laws  levied  by  Congress  is 
peculiar.  Under  the  decision  of  1796,  just  referred  to,  they 
were  not  included  among  the  direct  taxes.  Consequently, 
when  Congress  levied  such  taxes  during  the  Civil  War, 
the  rates  were  made  uniform  throughout  the  United 
States.* 

Following  these  precedents.  Congress  enacted,  in  1894, 
an  income-tax  law  providing  that  all  incomes  over  $4,000 
should  pay  a  tax  of  2  per  cent,  on  the  excess  above  that 
amount.  The  following  year,  contrary  to  all  former  de- 
cisions in  which  the  meaning  of  the  words  "direct  tax" 
had  been  determined,  that  term  was  declared  by  the 
Supreme  Court  to  include  such  income  taxes  as  were 
levied  by  the  law  of  1894.  Consequently,  since  Congress 
had  not  determined  the  total  amount  to  be  collected  and 
apportioned  it  among  the  States  according  to  their  popu- 
lation, this  law  was  declared  unconstitutional. 


The  Agitation  for  an  income-tax  law  has  grown  stronger  in  recent 

amencf-"*^^'''    years,  and  as  a  result  an  amendment  to  the  Constitution  was 

ment.  adopted  by  Congress  (1909)  and  submitted  to  the  States  for 

ratification.     This  is  the  first  amendment  that  has  been  sub- 


*  In  each  of  the  several  laws  enacting  these  taxes,  provision  was  made 
for  the  exemption  from  taxation  of  a  small  income,  as  $800  at  first,  and 
later,  $600.  For  incomes  above  these  figures,  the  rates  were  generally 
made  progressive;  for  example,  the  law  of  1862  taxed  incomes  above  $600 
and  less  than  $5,000  at  the  rate  of  5  per  cent.,  those  from  $5,000  to 
$10,000,  7^  per  cent.,  and  those  above  $10,000,  10  per  cent.  These 
taxes  were  repealed  after  1872.     See  American  History,  3S7. 


NATIONAL  FINANCES  169 

mitted  to  the  States  since  the  adoption  of  the  Fifteenth  Amend- 
ment.    It  reads  as  follows: 

Article  XVI.  That  Congress  shall  have  power  to  lay  and 
collect  taxes  on  incomes,  from  whatever  source  derived,  without 
apportionment  among  the  several  States,  and  without  regard  to 
any  census  or  enumeration. 

We  have  now  reviewed  the  various  forms  of  taxation 
employed  by  the  National  government  to  secure  revenue. 
In  the  enactment  of  laws  that  impose  taxes,  Congress  is 
governed  by  the  Constitutional  provision  that 

All  bills  for  raising  revenue  shall  originate  in  the  House  Article  I, 
of  Representatives;  hut  the  Senate  may  propose  or  concur  cSuJTi'.' 
icith  amendments  as  on  other  hills. 

The  framing  of  revenue  bills  is  intrusted  to  the  most   Revenue 
important  House  committee,  that  on  Ways  and  Means,   congress. 
Their  bills  are  frequently  known  by  the  name  of  the 
chairman  of  the  committee.     In  the  Senate  the  Finance 
Committee  considers  and    recommends  amendments    to 
bills  for  raising  revenue.     These  important  measures,  as 
finally  passed,  are  in  most  cases  the  result  of  compromises 
between   the  Senate  and  the  House,    arranged    by    con-     • 
ference  committees. 

We  have  seen  that  the  collection  of  National  taxes  is 
accomplished  by  an  army  of  Federal  officials  whose  juris- 
diction extends  into  every  comer  of  the  country.  We 
have  seen  that  the  objects  of  taxation  are  very  numerous, 
so  that  every  individual  aids,  directly  or  indirectly,  in  the 
support  of  the  National  government.  The  ease  with  which 
our  immense  revenue  is  raised  seems  marvellous  to  citizens 
of  the  Old  World  countries,  where  conditions  of  life  are 
harder.  Indeed,  so  great  have  been  the  ability  and  the 
willingness  of  the  people  to  bear  these  burdens  that  the 
National  government  has  more  than  once  been  embar- 
rassed by  an  excess  of  revenue.  Under  these  conditions 
it  is  not  surprising  that  laxity  in  making  expenditures  has 


170 


NATIONAL  FINANCES 


National 
expendi- 
tures. 


been  common  and  that  great  extravagance  and  wasteful- 
ness have  frequently  resulted. 

In  Congress,  appropriation  bills,  that  is,  bills  provid- 
ing for  the  expenditure  of  public  money,  may  originate 
in  either  house;  but  the  important  general  appropriation 
bills  originate  in  the  House  of  Representatives.  These 
bills  are  really  framed  by  the  committees  to  which  they 
are  referred,  and  are  based  upon  estimates  furnished  by 
the  various  executive  departments.  For  this  reason  there 
is  some  adjustment  possible  between  the  financial  needs  of 
the  government  and  the  amount  of  taxes  levied.  But  still, 
the  independence  of  the  legislative  (or  tax  creating)  and 
executive  (or  tax  spending)  departments  of  our  govern- 
ment makes  the  fitting  of  revenue  to  expenditures  a  diffi- 
cult matter,  and  in  practice  many  errors  are  committed. 


Unbusi- 
ness-like 
methods  of 
appropriat- 
ing money. 


The 
public  debt 


One  of  the  greatest  e\al3  in  connection  with  Congressional 
legislation  is  found  in  the  immense  number  of  bills  providing 
appropriations  for  private  ■  and  local  purposes.  Thousands  of 
private  pension  bills  passed  annually,  almost  without  considera- 
tion, represent  claims  which  the  Pension  Bureau  has  rejected 
for  good  reasons.  Appropriations  amounting  to  many  millions 
are  made  annually  for  the  erection  of  public  buildings  and  for 
river  and  harbor  improvements  that  are  entirely  unnecessary 
and  that  benefit  only  the  local  community  where  the  work  takes 
place.  This  ill-spent  public  money  is  called  "pork,"  and  every 
Congressman  is  under  constant  pressure  to  obtain  as  much  as 
possible  for  his  district.  Many  persons  judge  of  a  Congress- 
man's efficiency  by  his  ability  to  obtain  large  appropriations, 
regardless  of  their  necessity.  This  condition  reveals  a  funda- 
mentally wrong  attitude  toward  the  government.  Congress 
should  refuse  to  pass  such  items  in  appropriation  bills,  except 
upon  the  approval  of  boards  composed  of  disinterested  experts. 

When  the  ordinary  revenues  of  a  government  are  not 
sufficient  to  pay  its  expenses,  recourse  must  be  had  to 
additional  taxation,  or  to  borrowing,  or  to  both  of  these 
measures  at  once.     The  borrowing  of  money  is  not  es- 


NATIONAL  FINANCES 


171 


sentially  different  from  the  levying  of  taxes,  since  it  but 
postpones  the  time  when,  by  taxation,  the  obligation  must 
be  met.  This  procedure  is  justifiable  because  the  bur- 
den of  National  expense  for  certain  purposes  (as  for  de- 
fence) may  well  rest  upon  more  than  one  generation  of 
citizens.  Accordingly,  among  its  other  financial  powers. 
Congress  possesses  authority 

To  borrow  money  an  the  credit  of  the  United  States. 

INIoney  is  borrowed,  ordinarily,  by  the  sale  of  bonds. 
These  are  the  same  nature  as  the  promissory  notes  by 
which  individuals  obtain  loans.  National  bonds  state  the 
promise  of  the  United  States  to  pay  a  certain  amount, 
at  a  stated  time,  with  interest.  A  "registered"  bond  con- 
tains the  name  of  the  owner,  and  this  is  a  matter  of  record 
at  the  Treasury  Department.  When  this  bond  is  trans- 
ferred, the  record  must  be  changed.  "Coupon"  bonds 
are  usually  payable  to  bearer;  they  have  attached  to  them 
a  number  of  coupons  equal  to  the  number  of  interest  pay- 
ments due  during  the  term  of  the  bond. 


Section  8, 
clause  2. 


National 
bonds. 


United  States  bonds  have  been  issued  in  various  denomina- 
tions, ranging  from  twenty  dollars  to  fifty  thousand  dollars 
each.  The  term  of  a  bond  is  not  always  a  fixed  number  of 
years.  Some  of  the  Civil  War  bonds  were  payable  at  the  option 
of  the  government  after  five  but  within  twenty  years  from  the 
date  of  issue.  These  were  called  "five-twenty's"  (5/20's).  The 
bonds  issued  in  1898,  to  obtain  money  for  the  Spanish  War  ex- 
penses, were  "ten-twenty's." 

After  being  issued,  National  bonds  are  either  held  by  individ- 
uals and  corporations  as  investments,  or  they  become  the  ob- 
jects of  trade  and  speculation,  being  bought  and  sold  by  bankers 
and  brokers  on  the  stock  market.  Their  values  fluctuate  some- 
what and  are  subject  to  daily  quotation.  If  a  bond  sells  for 
its  face  value  it  is  at  "par."  Bonds  quoted  at  117  are  at  a 
"premium";  that  is,  they  bring  $117  for  every  $100  of  their 
face  value.  Those  quoted  at  98  are  at  a  "discount."  When 
bonds  fall  due,  the  government  "redeems"  them  at  their  face 
value.     Or,  they  may  be  continued  at  a  lower  rate  of  interest. 


Kinds  of 
bonds. 


Redemp- 
tion. 


172  NATIONAL  FINANCES 

A  large  amount  of  five  per  cent,  bonds  that  were  due  in  1881 
were  continued,  by  agreement,  at  three  and  one-half  per  cent., 
and  some  that  fell  due  in  1891  were  continued  at  two  per  cent. 
Provision  is  made  by  law  for  the  purchase  of  bonds  by  the  gov- 
ernment before  they  are  due.  For  this  purpose,  the  Secretary 
of  the  Treasury  is  authorized  to  use  a  portion  of  the  National 
Refundin<?  revenues;  this  is  called  a  "sinking  fund."  There  is  still  another 
opera  lous.  ^^^  .^  which  the  burden  of  our  National  debt  has  been  decreased. 
Soon  after  the  time  when  the  5/20  Civil  War  bonds  became  pay- 
able at  the  option  of  the  government,  the  holders  were  given  the 
privilege  of  choosing  whether  their  bonds  should  be  redeemed,  or 
be  exchanged  for  new  ones,  of  the  same  amounts,  at  lower  rates 
of  interest.  The  latter  alternative  was  accepted  for  many  hun- 
dreds of  millions  of  our  bonds;  so  the  burden  of  interest  was 
reduced  from  six  per  cent,  to  five,  four  and  one-half,  and  later  to 
four  per  cent.     This  operation  was  called  refunding  the  debt.* 


Supplementary  Questions  and  References 

1.  For  the  history  of  various  tariff  laws  and  their  provisions, 
see  American  History  as  follows:  Law  of  1789,  215-216;  1816, 
271-272;  1824,  289;  1828,  293;  1832,  307;  1833,  308;  1846, 
328;  18.57,357;  1861,387,389;  1864,400^01;  1872,440-441; 
1883,  467-^68;    1890,  470;    1894,  493;    1897,  494. 

2.  The  rates  of  the  tariff  law  now  in  force  are  stated  in  news- 
paper almanacs.  Is  this  tariff  high,  low,  or  moderate  in  its 
rates  ? 

3.  In  the  Statistical  Abstract  will  be  found  the  list  of  items 
upon  which  duties  and  internal-revenue  taxes  were  collected, 
with  the  amount  yielded  by  each,  for  a  series  of  years. 

4.  How  are. internal-revenue  stamps  cancelled? 

5.  a.  What  is  a  deficiency  bill?     Harrison,  This  Country  of 

Ours,  58. 
h.  What  are  riders  to  appropriation  bills?     Harrison,  131- 
132. 

6.  Statistics  answering  the  following  questions  may  be  found 
in  the  Annual  Reports  of  the  Secretary  of  the  Treasury  (Finance 

*  For  accounts  of  the  issuance  and  refunding  of  Civil  War  bonds,  see 
American  History,  386.  387,  388,  442-443. 


NATIONAL  FINANCES  173 

Reports);  Statistical  Abstracts;  Abridgments  of  the  President's 
Message  and  Documents;  Monthly  Summaries  of  Commerce 
and  Finance  issued  by  the  Bureau  of  Statistics,  Treasury  De- 
•  partment;   newspaper  almanacs  and  year-books. 

(a)  What  were  the  revenues  of  the  last  fiscal  year  ?  The  ex- 
penditures? The  chief  items  under  each  head?  Do  you  think 
that  any  of  the  expenditures  were  extravagant? 

(6)  Make  a  table  representing  revenues  and  expenditures  for 
a  series  of  years.     How  do  you  account  for  fluctuations  ? 

(c)  Estimate  the  per  capita  revenues  and  expenses  for  different 
years. 

{(l)  What  is  the  present  bonded  debt  of  the  United  States? 
(See  also  the  Public  Debt  Statement  issued  monthly  by  the  Treas- 
ury Department.)  Make  a  chart  showing  the  fluctuations  of 
the  public  debt  since  the  foundation  of  the  government. 

7.  Find  in  daily  papers  quotations  of  the  current  prices  of 
National  bonds.  How  do  you  account  for  differences  in  their 
prices  ?  How  do  the  prices  of  these  bonds  indicate  the  Nation's 
credit?  The  actual  rates  of  interest  that  bonds  yield  may  be 
calculated  by  the  use  of  "bond-value  tables."  A  set  of  these 
tables,  accompanied  by  an  explanation,  is  found  in  Clow,  In- 
troduction to  the  Study  of  Commerce,  Appendix  IV. 

8.  For  facts  concerning  the  National  "pork  barrel,"  see 
World's  Work,  20  :  13259-13276.  For  ex-President  Roosevelt's 
opinion,  see  Outlook,  95  :  759-763. 

9.  The  revenue  cutter  service.  World's  Work,  16  :  10591- 
10597. 

10.  The  tariff  act  of  1909.  Outlook,  92  :  872-876;  Rev.  of 
R's,  40  :  341-347. 

11.  What  is  a  "tariff  joker"?     Outlook,  92  :  625-626. 

12.  The  corporation  tax  law.  Rev.  of  R's,  40  :  348-349; 
Forum,  43  :  256-262;   Outlook,  92  :  587-588. 

13.  Should  incomes  be  taxed?  Forum,  41  :  513-520;  Out- 
look, 85  :  503-508;   94  :  215-219. 

14.  Hide-and-seek  with  the  customs.  Cen.  Mag.,  45  :  466- 
473;   Outlook,  88  :  823-829. 

15.  The  government  as  a  spender.     Rev.  of  R's,  38  :  67-71. 


CHAPTER  XVIII 


Article  I, 
section  8, 
clause  3. 


Section  9, 
clause  5. 


Section  9, 
clause  6. 


Foreign 
commerce. 


THE  POWER  OF  CONGRESS  OVER  COMMERCE 

In  the  conventions  that  assembled  at  Alexandria  in 
1785  and  at  Annapolis  in  178G,  commerce  was  the  most 
important  subject  discussed.  Indeed,  it  was  the  neces- 
sity for  a  better  method  of  regulating  commerce  that 
brought  about  these  meetings.  This  problem  was  one 
of  the  difficult  questions  before  the  Constitutional  Con- 
vention, and  its  solution  was  reached  only  by  compro- 
mise.* The  clause  embodied  in  the  Constitution  was  a 
victory  for  the  advocates  of  an  efficient  National  govern- 
ment, for  Congress  was  given  power 

To  regulate  commerce  with  foreign  nations,  and  among 
the  several  States,  and  with  the  Indian  tribes. 

In  the  exercise  of  this  power,  Congress  was  mad^  subject 
to  two  limitations. 

No  tax  or  duty  shall  be  laid  on  articles  exported  from 
any  State. 

No  preference  shall  be  given  by  any  regulation  of  com- 
merce or  revenue  to  the  ports  of  one  State  over  those  of 
another;  nor  shall  vessels  bound  to,  or  from,  one  State  be 
obliged  to  enter,  clear,  or  pay  duties  in  another. 

Acts  of  Congress  regulating  foreign  commercef  may  be 
grouped  under  several  heads.  (1)  Congress  has  enacted 
measures  for  the  protection  of  shipping,  by  the  main- 
tenance of  light-houses,  buoys,  and  life-saving  stations. 

*  See  American  History.  197.  202. 

t  The  exercise  of  this  power  was  carried  to  its  extreme  limit  in  the 
embargo  act  of  1S07  and  the  non-intercourse  act  of  1809.  See  Ameri- 
can History,  253,  255. 

174 


POWER  OF  CONGRESS  OVER  COMMERCE  175 

(2)  The  navigation  laws  of  the  United  States  are  also  en-   Navigation 

Jo  wg 

acted  under  this  provision  of  the  Constitution.  Regula- 
tions are  prescribed  under  which  vessels  engaged  in  foreign 
commerce  "enter"  and  "clear"  ports.*  Vessels  that  are 
"registered"  in  the  United  States  are  entitled  to  the  pro- 
tection of  this  government  in  any  part  of  the  world.  No 
vessels  are  registered  except  those  owned  by  citizens  of  the 
United  States,  and  no  foreign-built  vessel  can  be  regis- 
tered.! The  vessels  of  foreign  countries  may  not  engage 
in  the  coasting  trade  of  this  country.  Tonnage  duties 
are  levied  upon  both  foreign  and  American  vessels. 

Since  the  Civil  War  there  has  been  a  great  decline  in  the  num-  ship 
ber  of  American  built  ships  engaged  in  foreign  commerce.  (For  ®"  *^' 
statistics  and  reasons,  see  American  History,  354,  442.)  These 
now  carry  only  about  15  per  cent,  of  our  imports  and  exports. 
A  demand  has  arisen  for  the  repeal  of  some  of  the  navigation 
acts  mentioned  above.  The  granting  of  ship  subsidies  is  also 
proposed,  and  bills  for  this  purpose  have  often  been  before 
Congress.  A  ship  subsidy  law  would  provide  for  the  payment 
of  money  from  the  treasury  to  persons  who  maintained  lines  of 
American  built  ships  in  foreign  commerce. 

(3)  By  virtue  of  its  power  over  foreign  commerce.  Con-  immigra- 
gress  regulates  immigration  into  the  United  States.     Be- 
sides Chinese  laborers,  the  following  classes  are  excluded 

from  the  country:  convicts,  anarchists,  insane  persons, 
paupers  and  those  liable  to  become  paupers,  polygamists, 
-persons  having  contagious  diseases,  and  laborers  under 
contract  or  agreement  to  perform  labor  or  service  in  the 
United  States;  there  are  excepted  from  the  last  class, 
persons  engaged  in  the  professions  and  skilled  laborers 

*  See  these  terms  in  the  dictionary;  also  "entry"  and  "clearance." 
Notice  that  clause  6,  quoted  above,  forbids  the  requirement  of  these 
processes  in  interstate  commerce. 

t  Congress  made  an  exception  to  this  rule  when  in  1892  it  entered  to 
our  registry  two  foreign-built  vessels,  on  consideration  that  the  company 
owning  them  build  two  vessels  of  the  same  class  in  this  country. 


176  POWER  OF  CONGRESS  OVER  COMMERCE 


What  is 

interstate 

commerce? 


Commerce 
by  water. 


Various 
interstate 
commerce 
acts. 


employed  in  the  establishment  of  new  industries.  An 
arrangement  has  been  entered  into  between  our  govern- 
ment and  that  of  Japan  by  which  Japanese  and  Korean 
laborers  are  also  refused  admission  to  this  country. 

The  second  division  of  the  power  granted  to  Congress 
over  commerce  relates  to  that  which  is  interstate.  It  must 
be  remembered  that  the  States  still  retain  authority  over 
the  vast  volume  of  business  transacted  entirely  within  their 
limits,  which  they  regulate  absolutely  by  their  laws  of 
trade  and  transportation.  It  is  not  easy  to  say,  in  every 
case,  just  where  the  limits  of  State  and  National  authority 
lie.  The  United  States  Courts  have  decided  that  the 
State's  power  is  complete  over  commerce  that  begins  and 
ends  within  the  State  and  does  not  materially  affect  the 
commerce  that  is  interstate  or  foreign.  If,  however,  a 
commodity  that  is  an  object  of  commerce  starts  in  one 
State,  destined  for  another,  its  control,  throughout  its 
course,  lies  within  the  power  of  Congress. 

Interstate  commerce  includes  that  which  is  carried  on 
by  water,  as  well  as  land  traffic.  So  the  coast  trade  be- 
tween the  States  lies  within  the  jurisdiction  of  Congress; 
also  commerce  upon  navigable  rivers.  "  Wherever  a  river 
forms  a  highway  upon  which  commerce  is  conducted  with 
foreign  nations  or  between  States,  it  must  fall  within  the 
control  of  Congress."  By  its  "river  and  harbor  bills," 
Congress  appropriates  large  amounts  annually  for  the 
improvement  of  navigable  rivers.     (See  p.  170.) 

The  different  "interstate  commerce  acts,"  beginning 
with  that  of  1887,*  constitute  a  system  of  control  estab- 
lished by  the  Federal  government  over  persons  and  cor- 
porations engaged  in  interstate  or  foreign  commerce;  this 
includes  the  carrying  of  persons  and  property  by  either 

*  For  the  history  of  the  evils  in  connection  with  transportation  and 
the  efforts  of  States  to  correct  them,  see  American  History,  455,  456; 
the  law  of  1887,  ibid.,  466-467;   the  law  of  1906,  ibid.,  519. 


POWER  OF  CONGRESS  OVER  COMMERCE  177 

rail  or  water.  Pipe  lines,  telephone,  telegraph,  express, 
and  sleeping-car  companies  are  also  brought  under  the 
same  provisions.  The  administration  of  these  laws  is 
vested  in  an  Interstate  Commerce  Commission  consist- 
ing of  seven  members. 

The  important  provisions  of  these  laws  may  be  sum-  Their  pro- 
marized  as  follows:  (1)  All  charges  must  be  "just  and 
reasonable."  The  commission  has  power  to  fix  maximum 
rates  after  investigation  of  a  complaint  by  either  party  to  a 
dispute  over  rates.  (2)  Pooling  agreements  are  prohibited. 
(3)  It  is  unlawful  to  make  discriminations  by  giving  to 
any  particular  person,  corporation,  or  locality,  an  unreason- 
able advantage  over  others.  This  includes  the  granting 
of  passes  to  others  than  railroad  employees.  The  grant- 
ing of  rebates,  which  are  intended  to  conceal  discrimina- 
tions, is  forbidden.  (4)  The  "  long  and  short  haul"  clause 
makes  it  unlawful  for  a  common  carrier  to  charge  more  for 
the  transportation  of  passengers,  or  the  same  kind  of  freight, 
over  a  shorter  than  a  longer  distance;  provided,  however, 
that  the  transportation  is  "under  substantially  similar  cir- 
cumstances and  conditions,"  over  the  same  line,  and  in 
the  same  direction.  (5)  All  rates  must  be  published  and 
posted  where  they  can  be  consulted  by  any  person.  (6) 
Railroad  companies  cannot  engage  in  other  lines  of  busi- 
ness. (7)  Companies  engaged  in  interstate  commerce  must 
have  a  uniform  system  of  accounting.  (8)  They  must  make 
reports  to  the  Interstate  Commerce  Commission  regularly. 

The  Commission  also  receives  complaints,  hears  testi- 
mony, and  makes  orders  correcting  abuses;  or  it  may  in- 
vestigate conditions  without  previous  complaint.  It  may 
suspend  proposed  increases  of  rates  until  their  justice 
has  been  determined.  Any  person  objecting  to  an  order 
of  the  Commission  may  appeal  to  a  new  court  known  as 
the  "Commerce  Court,"  composed  of  five  Circuit  Court 
Justices. 


178  POWER  OF  CONGRESS  OVER  COMMERCE 


Other 

commerce 

laws. 


The  trust 
question. 


Other  laws  affecting  railways  oblige  them  to  adopt  uniform 
systems  of  safety  equipment;  also,  require  full  reports  to  the 
Interstate  Commerce  Commission  of  all  accidents. 

Under  its  commerce  power,  Congress  has  enacted  the 
food  and  drugs  act,  or  "pure  food  law."  This  requires 
the  makers  of  prepared  foods  and  drugs  shipped  in  inter- 
state commerce  to  register  their  products,  and  prohibits 
the  use  of  harmful  preservatives  and  other  components 
in  them.  The  inspection  of  meats  in  packing  plants  by 
Federal  officers  is  another  means  by  which  commerce  is  con- 
trolled. It  has  been  proposed  that  the  government  should 
restrict  child  labor  by  prohibiting  the  shipment  in  inter- 
state and  foreign  commerce  of  articles  in  the  manufacture 
of  which  children  below  certain  ages  are  employed. 

The  construction  of  the  Panama  Canal  by  the  United 
States  may  be  regarded  as  one  of  the  most  important 
ways  in  which  Congress  has  undertaken  to  control  com- 
merce. This  is  similar  to  the  policy  of  making  river  and 
harbor  improvements,  for  which  many  millions  of  dollars 
are  appropriated  annually.  The  question  of  internal 
improvements  by  national  authority  was  debated  early  in 
our  history;  one  result  was  the  construction  of  the  Nation- 
al, or  Cumberland,  Road.*  The  same  problem  is  now 
being  considered  in  connection  with  projects  for  a  system 
of  "deep  waterways,"  especially  in  the  Mississippi  Valley. 

The  concentration  of  industry  within  the  last  half  cen- 
turyt  has  been  accompanied  by  the  growth  of  combina- 
tions known  as  trusts.  The  original  object  of  such  com- 
binations was  to  secure  economy  in  production,  and  to 
this  extent  they  are  beneficial;  but  when  their  control  of 
an  industry  approaches  monopoly,  then  the  public  may 
suffer  from  exorbitant  rates  and  prices.  So  both  the 
State  and  the  National  governments  have  attempted  to 

*  See  American  History,  274.  277,  292. 

t  Americaa  History,  452-453,  472-473.  517-518. 


POWER  OF  CONGRESS  OYER  COMMERCE   179 

keep  alive  competition  in  the  industries  where  combina- 
tions exist.  The  anti-trust  laws  have  been  only  partially 
successful. 

Congress  has  authority  over  trusts  onlv  as  they  are  The 
engaged  in  interstate  or  foreign  commerce.     Hence  the   Anti-trust 
Anti-trust  Law  of  1890  makes  illegal  any  combination  in 
restraint  of  trade  or  commerce  among  the  several  States 
or  with  foreign  nations.     The  enforcement  of  this   law 
has  given  rise  to  many  interesting  cases. 


Law. 


In  connection  with  the  Chicago  strike  of  1894,*  the  Supreme   Important 


Court  held  that  the  Anti-trust  Law  forbade  not  only  combina- 
tions of  capital,  but  combinations  of  labor  as  well,  if  they  were 
in  restraint  of  interstate  commerce.  It  has  been  decided  that  a 
trust  engaged  in  the  business  of  refining  sugar  did  not  fall  within 
the  scope  of  this  laAv,  since  the  manufacturing  process  in  question 
did  not  constitute  commerce.  Again,  an  agreement  among  the 
railroad  companies  of  the  Trans-Missouri  Freight  Association  to 
establish  and  maintain  rates  was  considered  a  \iolation  of  the  law 
of  1890,  because  this  was  a  contract  in  restraint  of  interstate 
commerce  (1897).  Another  decision,  made  in  1899,  declared 
illegal  a  combination  of  iron  pipe  manufacturers  who  had  made 
an  agreement  not  to  compete  with  each  other;  but  their  action 
was  illegal  only  as  to  the  sale  of  pipe  in  interstate  business. 

Another  decision  (1904)  declared  that  it  was  illegal  for  two 
competing  railroads  (the  Northern  Pacific  and  Great  Northern) 
to  form  a  new  corporation  (the  Northern  Securities  Company) 
for  holding  the  shares  of  these  companies,  since  the  directors  of 
the  latter  could  so  manage  the  business  as  to  exclude  competi- 
tion. In  1911  the  Standard  Oil  Company  was  declared  by  the 
Supreme  Court  to  be  an  illegal  combination,  and  its  dissolution 
was  ordered.  The  Bureau  of  Corporations  in  the  Department 
of  Commerce  (see  p.  256)  has  the  special  fxmction  of  investigat- 
ing the  records  of  corporations  engaged  in  interstate  business, 
with  a  view  to  checking  violations  of  the  interstate  commerce 
and  anti-trust  laws. 

*  See  American  History,  492-493. 


decisions. 


180  POWER  OF  CONGRESS  OVER  COMMERCE 


Supplementary  Questions  and  References 

1.  Should  there  be  further  restriction  of  immigration  ?  Forum, 
24  :  552-558;  N.  Am.  Rev.,  188  :  3G0-371;  Outlo»k,  84  :  607- 
615;  83  :  33-36;  Indept.,  60  :  261-264;  Rev.  of  R's,  33  :  336- 
339. 

2.  The  immigration  law  of  1907.  Rev.  of  R's,  35  :  469-471; 
N.  Am.  Rev.,  185  :  587-593. 

3.  Descriptions  of  immigrants  at  Ellis  Island.  Outlook,  87  : 
899-911;    913-923;    Cen.  Mag.,  43  :  674-6S2;  45  :  406-473. 

4.  Arguments  for  and  against  Chinese  exclusion.  Forum, 
33  :  53-58;  59-67;  Japanese  exclusion,  N.  Am.  Rev.,  184  : 
29-34. 

5.  Should  ship  subsidies  be  granted?  Outlook,  84  :  815-817; 
85:307-311;  88:815-816;  94:108-109;  124-130;  Arena, 
33  :  634-636;   Indept.,  53  :  10-15;    130-132;    185-188. 

6.  The  question  of  railway  regulation'.  Indept.,  60  :  835- 
838;  62  :  599-603;  699-704;  Arena,  34  :  146-150;  35  :  132- 
139;    36  :  622-626;    Outlook,  86  :  482^85. 

7.  The  National  control  of  trusts.  Indept.,  53  :  929-930; 
1001-1004;  54  :  2927-2930;  58  :  303-306;  57  :  618-620;  Out- 
look, 88  :  816-817;   93  :  761-763;   Rev.  of  R's,  34  :  345-346. 

8.  The  protection  of  life  on  railways.  Rev.  of  R's,  35  :  456- 
468. 

9.  Improvement  of  waterways.  Rev.  of  R's,  41  :  87-88; 
World's  Work,  13  :  8576-8584;  15  :  10121-10127;  Outlook, 
94  :  17-20. 

10.  The  National  pure  food  law.  N.  Am.  Rev.,  184 :  848-852; 
Outlook,  88  :  260-264. 

11.  Should  Congress  control  child  labor?  Outlook,  85  : 
360-364. 

12.  Panama  Canal  and  the  government  of  the  canal  zone- 
World's  Work,  16  :  10656-10657;  Outlook,  91  :  906-909; 
83  :  434-445. 


CHAPTER  XIX 
MONEY  OF  THE  UNITED  STATES 
I.  Metal  Money  or  Coin 

Whenever  men  trade  or  exchange  commodities  they 
find  some  form  of  money  very  convenient,  if  not  really 
necessary.  A  variety  of  things  have  served  as  money 
among  peoples  in  different  stages  of  civilization.  Gold 
and  silver  have  become  the  chief  money  metals  of  civilized 
countries  on  account  of  their  high  value,  and  certain  other 
characteristics.  The  function  of  coining  money  has  been 
assumed  by  governments  because  in  this  way  only  can 
uniformity  in  the  size  and  composition  of  coins  be  secured. 
The  government  stamp  becomes  a  guarantee  of  the  value 
of  a  coin  when  otherwise  each  might  have  to  be  weighed 
and  tested  before  it  could  be  accepted.  Congress  has  been 
vested  with  the  power: 

To  coin  money,  regulate  the  value  thereof^  and  of  foreign   Article  i, 
coin,  and  fix  the  standard  of  weights  and  measures.  clauses.' 

To  provide  for  the  punishment  of  counterfeithig  the  se-   Clause  G. 
curities  and  current  coin  of  the  United  States. 

The  government  coins  money  at  its  mints,  which  are  The  mints. 
located  at  Philadelphia  (established  in  1792),  Denver, 
New  Orleans,  and  San.  Francisco.  Gold  or  silver  ore 
must  first  be  refined  before  it  is  sent  to  the  mint  as  hidl- 
ion.  Here  it  is  assayed  to  determine  its  purity.  The 
pure  metal  is  too  soft  for  use  as  money,  so  an  alloy  of 
copper  is  added  in  the  making  of  gold  coins  and  silver 
dollars.     In  the   "standard"   metals  thus  produced  the 

181 


182      MONEY  OF  THE  UNITED  STATES 


Process  of 
coining. 


alloy  is  one-tenth  of  the  whole;  that  is,  the  metal  is  nine- 
tenths  (or  .900)  "fine." 

In  the  process  of  minting,  the  standard  metal  is  first 
rolled  into  strips  of  the  thickness  of  the  coin.  From 
these  strips  round  pieces  are  cut  by  heavy  machinery. 
The  weight  of  each  piece  is  tested  and  when  found  ac- 
curate it  goes  to  another  machine,  from  which  it  comes 
with  the  edge  slightly  raised  on  both  sides.  This  device 
decreases  the  wear  on  the  faces  of  the  coin.  In  the  next 
operation,  the  disk  of  gold  or  silver  is  subjected  to  im- 
mense pressure  between  two  engraved  dies;  in  this  way 
the  proper  inscriptions  are  stamped  upon  its  faces.  At 
the  same  time  the  edge  of  the  coin  is  milled. 

Below  is  a  list  of  the  coins  now  made  at  the  mints  of 
the  United  States. 


Coins  of  the 
United 

States. 


Gold. 

Double  eagle 
Eagle 
Half  eagle 
Quarter  eagle 


Silver. 
One  dollar 
Half  dollar 
Quarter  dollar 
Dime 


Minor  coins,  the  nickel  and  one  cent  piece. 


The  ratio. 


Free 
coinage. 


The  "standard"  coins  of  each  kind  are  of  course  the 
gold  dollar  and  the  silver  dollar.  The  weight  of  the  pure 
metal  in  the  gold  dollar  is  fixed  by  law  at  23.22  grains 
(Troy  weight).  In  a  silver  dollar,  the  pure  metal  weighs 
371.25  grains,  or  15.988+  times  as  much  as  in  the 
gold  dollar.  Hence  we  say  that  the  ratio  of  our  stand- 
ard coins  is  15.988+  to  1,  or  approximately  16  :  1.  This 
is  called  the  mint  ratio.  Since  our  coins  are  .9  fine,  the 
total  weights  are  25.8  grains  for  the  gold  dollar  and  412.5 
for  the  silver  dollar. 

A  government  may  pursue  one  of  two  distinct  policies 
toward  the  coinage  of  a  certain  metal.     (1)  It  may  agree 


MONEY  OF  THE  UNITED  STATES      183 

to  coin  all  the  bullion  of  that  metal  that  may  be  brought 
to  the  mints  by  individuals;  this  is  /ree  *  coinage.  (2) 
The  government  may  limit  the  amount  of  bullion  that 
will  be  coined;  this  may  be  called /mzVec?  coznagre.  Under 
free  coinage  of  any  metal  the  government  makes  no  effort 
to  control  the  amount  of  bullion  which  will  be  coined;  it 
coins  "on  private  account"  all  the  bullion  brought  to  its 
mint.  Under  limited  coinage  a  certain  amount  of  the 
bullion  is  coined  "on  government  account." 

Since  the  first  coinage  act  of  our  government  (1792)  Bimetal- 
there  has  been  free  coinage  of  gold.  There  was  also  free 
coinage  of  silver  until  1873.  Because  during  this  time 
there  was  free  coinage  of  both  metals,  and  both  gold  and 
silver  dollars  were  full  legal  tender,  we  had  nominally,  at 
least,  bimetallism  or  a  double  standard.  The  law  of  1873, 
by  stopping  the  coinage  of  silver  dollars,  brought  about  the 
single  gold  standard.  After  1878  there  was  limited  silver 
coinage  until  the  purchase  of  silver  bullion  was  discon- 
tinued in  1893. 

The  demand  for  the  free  coinage  of  silver  that  arose 
after  1873  f  and  lasted  until  about  1900,  resulted  in  two 
important  laws — the  Bland-Allison  act  (1878)  and  the 
Sherman  act  (1890).  Both  authorized  the  coinage  of 
silver  dollars,  but  limited  the  amount  to  be  coined.  In 
1893,  on  account  of  the  panic  of  that  year.  Congress 
stopped  the  purchase  of  silver  bullion  by  the  Treasury 
Department  for  the  coinage  of  silver  dollars;  and  none  has 
since  then  been  purchased,  except  for  the  coinage  of  sub- 

*  The  word  free  means  unlimited.  The  definition  of  free  coinage  given 
above  states  its  meaning  as  the  phrase  is  commonly  used.  The  follow- 
ing is  a  more  accurate  definition:  Free  coinage  contemplates  the  coining 
or  all  the  bullion  brought  to  the  mints,  either  gratuitously  or  with  a  de- 
duction not  to  exceed  the  actual  expenses  of  coinage. 

t  The  causes  at  work  in  this  connection,  the  various  laws  passed,  and 
the  political  campaigns  in  which  the  silver  question  was  prominent  are 
discussed  in  American  History,  457-459,  479,  and  485. 


Subsidiary 
silver. 


Minor 
coins. 


184      MONEY  OF  THE  UNITED  STATES 

sidiary  coins  and  Philippine  money.     A  law  of  1900  defi- 
nitely established  the  single  gold  standard. 

The  silver  coins  of  denominations  less  than  one  dollAr  are 
called  subsidiary  coins.  The  silver  half-dollar  weighs  only  192 
grains  and  is  therefore  lighter  proportionately  than  the  silver 
dollar.  The  quarter  and  ten  cent  pieces  are  correspondimgly  re- 
duced in  weight.  They  are  legal  tender  only  in  sums  of  ten  dollars 
or  less.  The  five  cent  piece  (nickel)  weighs  77.16  grains  and  is 
composed  of  75  per  cent,  copper  and  25  per  cent,  nickel.  The 
one  cent  piece  weighs  48  grains  and  is  composed  of  95  per  cent, 
copper  and  5  per  cent,  tin  and  zinc.  These  minor  coins  are  legal 
tender  in  amounts  of  twenty-five  cents  or  less. 


United 

States 
notes. 


II.  Paper  Money 

There  are  at  present  five  kinds  of  paper  money  in  cir- 
culation. They  are  United  States  notes,  silver  certifi- 
cates, gold  certificates,  Treasury  notes  of  1890,  and  Na- 
tional bank  notes.  The  United  States  notes  were  created 
in  the  early  years  of  the  Civil  War  as  a  means  of  paying 
the  enormous  expenses  of  the  government.*  Taxation  is 
the  ordinary  method  of  providing  funds  for  government 
expenses;  but  it  is  difficult  to  create  a  new  system  of  tax- 
ation and  some  time  is  required  to  put  it  into  operation. 
In  the  year  1862  the  expenses  of  the  government  greatly 
exceeded  its  revenue.  Great  sums  of  money  were  being 
borrowed  by  the  sale  of  bonds,  but  the  bonds  had  depre- 
ciated in  value.  It  was  therefore  determined  that  the  gov- 
ernment should  print  certain  designs  on  pieces  of  paper, 
call  these  money,  and  compel  people  to  accept  them  in 
payment  of  debts  by  declaring  them  legal  tender;  that  is, 
all  persons  must  accept  them  in  payment  of  debts.  These 
were  the  United  States  notes,  sometimes  called  "legal  ten- 
ders."    A  total  of  $450,000,000  was  authorized  byCon- 

*  The  history  of  these  notes  is  stated  fully  in  American  History, 
388,  443-444,  457. 


MONEY  OF  THE  UNITED  STATES      185 


gress.  With  this  money  the  government  paid  the  salaries 
of  its  officers  and  soldiers  and  purchased  supplies  that 
were  necessary  for  carrying  on  the  Civil  War. 

When  a  government  refuses  to  pay  its  obligations  in  coin  and  Deprecia- 
pays  instead  only  paper  money  containing  promises  to  pay  coin  '°°" 
or  specie,  at  some  future  time,  it  "suspends  specie  payments." 
If  the  paper  money  is  issued  in  excessive  amounts,  it  will  depre- 
ciate in  value,  that  is,  a  certain  amoimt  of  it  will  be  worth  less 
than  the  same  amount  of  coin.  This  is  what  happened  when 
the  United  States  notes  were  issued.  The  history  of  their 
depreciation  until  at  one  time  they  were  worth  only  forty  cents 
on  a  dollar  is  told  by  the  accompanying  chart: 

VALUE  IN  GOLD  OF  ONE  DOLLAK  IN  U.  S.  NOTES 


1862                 1365                                1870                                 TB75                       1879 

$1.00 

50i 
25^ 

\ 

^ 

/\ 

^ 

\ 

J\ 

V 

1 

•  V 

V 

After  much  discussion  Congress  finally  decided,  by  an   Resump- 
act  passed  in  January,  1875,  that  it  would  resume  specie   spede 
payments  on  the  first  day  of  1879  by  redeeming  in  gold   p^^"'^'^  ^• 
all  of  the  United  States  notes  that  might  be  presented 
for  redemption.     When  this  time  arrived  the  amount  had 
been  reduced  to  $346,681,016,  and  Congress  had  forbid- 
den any  further  reduction.   This  is  the  amount  at  present 
outstanding.     The  resumption  of  specie  payments  neces- 
sitated the  presence  of  gold  in  the  Treasury  with  which  to 
redeem  the  notes.     Accordino;lv,  the  law  of  1875  author- 
ized  the  Secretary  of  the  Treasury  to  obtain  gold  by  selling 
bonds.     Just  before  January  1,  1879,  the  notes  once  more 
passed  at  face  value,  and  but  few  were  presented  for  re- 
demption.    The  amount  outstanding  was  not  decreased, 
for  instead  of  cancelling  those  that  were  redeemed  the 


186      MONEY  OF  THE  UNITED  STATES 


'Constitu- 
tionality of 
legal 
tenders. 


Silver 
certificates. 


Gold 
certificates. 


Secretary  was  obliged  by  law  to  re-issue  them  in  making 
payments  from  the  Treasury,  This  caused  trouble  in 
later  years. 

There  can  be  little  doubt  that  the  framers  of  the  Con- 
stitution never  intended  that  Congress  should  have  the 
right  to  declare  anything  but  gold  and  silver  legal  tender. 
The  Constitutionalitv  of  the  laws  that  authorized  the 
"legal  tenders"  was  therefore  one  of  the  most  important 
questions  ever  submitted  to  the  Supreme  Court.  The  final 
decision  *  was  in  favor  of  the  right  of  Congress  to  exer- 
cise this  power.  The  Constitutional  basis  of  this  right  is 
implied  by  some  from  the  power  to  levy  and  carry  on  war; 
by  others  from  the  power  to  borrow  money;  by  still  others 
from  the  power  to  coin  money.  The  court  rested  its  de- 
cision finally  upon  the  ground  that  this  power  is  "one  of 
the  powers,  belonging  to  sovereignty  in  other  civilized 
nations,"  and  that  as  it  is  not  expressly  withheld  by  the 
Constitution,  it  is  by  necessary  implication  vested  in 
Congress  in  connection  with  the  powers  over  the  currency 
expressly  granted.! 

Let  us  now  notice  two  kinds  of  our  paper  money  that 
are  quite  similar.  When  Congress,  by  the  Bland  act  of 
1878,  authorized  the  coinage  of  silver  dollars,  it  provided 
also  for  the  silver  certificates.  Silver  dollars  are  bulky 
and  inconvenient  to  handle.  Any  holder  of  them  may 
deposit  them  in  the  United  States  Treasury  and  receive 
in  exchange  silver  certificates.  The  silver  dollars  remain 
in  the  Treasury. 

Gold  certificates  are  issued  upon  the  same  plan.  These 
two  kinds  of  paper  money  are  therefore  merely  certificates 
of  deposit.  To  redeem  them  the  division  of  redemption 
of  the  Treasury  Department  holds  specie  in  amounts 
exactly  corresponding  to  the  certificates  outstanding. 

*  Rendered  in  18S4.     Jnlliard  vs.  Greenman.     110  U.  S.,  421. 
t  Cooley,  Principles  of  Constitutional  Law,  83. 


MONEY  OF  THE  UNITED  STATES      187 

The  Treasury  notes  of  1890  were  issued  in  accordance   Treasury 
with  the  Sherman  act.     (See  p.  183.)     They  were  given  in   1890. 
payment  for  silver  bullion;    this  was  not  coined  at  the 
time,  but  remained  in  the  Treasury.     Few  of  these  notes 
are  now  outstanding. 

Four  kinds  of  paper  money  have  been  described;  there  National 
remains  the  fifth  kind,  National  bank  notes.  National  system. 
banks  are  under  the  control  of  a  bureau  in  the  Treasury 
Department,  having  for  its  head  the  Comptroller  of  the 
Currency.  A  National  bank  is  organized  in  much  the 
same  way  as  other  corporations,  by  any  number  of  per- 
sons, not  less  than  five. 

Upon  the  basis  of  its  capital  stock  the  bank  performs 
the  ordinary  banking  functions;  that  is,  it  makes  loans, 
discounts  notes,  buys  and  sells  exchange.  In  addition 
to  these  functions  National  banks  have  another  not  at 
present  exercised  by  other  banks — they  issue  National 
bank  notes  for  circulation  as  money  of  the  United  States. 
The  entire  business  of  these  banks  is  conducted  under 
regulations  of  the  National  law,  and  they  are  subject  to  in- 
spection by  National  officers. 

When  a  National  bank  is  organized  it  must  invest  a  Deposit  of 
sum  of  money  equal  to  at  least  one-fourth  of  its  capital 
in  United  States  bonds.  These  may  be  purchased  at  any 
time  from  a  broker.  The  bank  must  deposit  them  in  the 
Treasury  of  the  United  States;  but  they  are  still  the  prop- 
erty of  the  bank  and  it  receives  the  interest  from  them. 
The  bank  will  then  receive  from  the  Comptroller  of  the 
Currency,  National  bank  notes  equal  in  amount  to  the  par 
value  of  the  bonds  deposited.  The  president  and  the 
cashier  of  the  bank  sign  each  note,  and  they  may  then  be 
loaned  or  paid  out  for  any  purpose  in  the  ordinary  course 
of  business. 

A  note  of  this  kind  reads:    "The National  Bank  of 

will  pay  the  bearer Dollars  on  demand."     How 


188      MONEY  OF  THE  UNITED  STATES 


Why  the 
notes  are 
secure. 


Emergency 
currency. 


A  central 
bank. 


Standard 
of  weights 
and 
measures. 


can  we  be  certain  that  this  promise  will  be  kept?  The 
bonds  deposited  at  Washington  constitute  the  security  for 
these  notes.  A  National  bank  may  fail;  that  is,  its  de- 
positors may  never  receive  back  their  money;  but  the 
holders  of  National  bank  notes  will  lose  nothing  so  long 
as  United  States  bonds  are  good  security.  For  if  the 
bank  cannot  redeem  its  notes  in  lawful  money  according 
to  its  promise,  the  Comptroller  of  the  Currency  will  sell 
the  bank's  bonds  and  thus  obtain  money  with  which  to 
redeem  them.  This  is  the  reason  why  we  never  hesitate 
to  receive  one  of  these  notes  even  though  the  responsible 
officials  of  the  bank  may  be  entirely  unknown  to  us. 

Our  monetary  system  is  rightly  criticised  as  inelastic; 
that  is,  the  amount  of  money  in  circulation  does  not  in- 
crease and  decrease  readily  in  response  to  the  demand  for 
money  in  business  at  different  times.  As  a  remedy  for  this 
defect,  national  banks  may  organize  in  groups  and  these 
associated  banks  may  then  issue  additional  notes  under 
the  supervision  of  the  Comptroller  of  the  Currency.  The 
security  for  this  "emergency  currency,"  which  is  limited  in 
amount,  may  be  approved  bonds  and  commercial  paper. 

It  has  been  proposed  to  establish  a  great  "central  bank" 
which  would  have  as  one  of  its  functions  the  issuance  of 
government  paper  money,  regulating  the  supply  in  ac- 
cordance with  the  demands  of  business.  Twice  in  our 
history  have  such  banks  been  in  existence;  from  1791  to 
1811  and  from  1816  to  1836;  they  are  found  in  European 
countries  to-day. 

The  clause  by  virtue  of  which  Congress  possesses  power 
"to  coin  money"  also  gives  it  authority  "to  fix  the  stand- 
ard of  weights  and  measures."  It  was  only  during  the 
last  session  of  the  56th  Congress,  in  1901,  that  a  law  was 
enacted  giving  full  effect  to  this  grant  of  power.  The 
only  standard  previously  adopted  by  law  was  the  English 
Troy  pound;   all  other  measurements  of  weight,  distance. 


MONEY  OF  THE  UNITED  STATES      189 

and  capacity  were  based  upon  standards  fixed  by  Euro- 
pean governments.  Standard  thermometers  and  measures 
based  on  the  metric  system  came  from  France,  while 
standards  of  electrical  measurement  were  German.  Mill- 
ions of  dollars  were  spent  annually  by  manufacturers, 
scientists,  and  others  in  obtaining  standardized  instru- 
ments from  abroad.  A  law  of  1901  established  a  Na- 
tional Standardizing  Bureau  in  the  Treasury  Depart- 
ment, and  appropriated  money  for  a  laboratory  at  which 
the  standards  used  in  all  the  applied  sciences  will  be 
kept.*  A  director,  a  physicist,  a  chemist,  and  their  as- 
sistants will  exercise  the  functions  of  the  Bureau  for  the 
National,  State,  and  municipal  governments,  for  educa- 
tional institutions,  and  for  individuals  engaged  in  pursuits 
requiring  the  use  of  standardized  instruments. 

Supplementary  Questions  and  References 

1.  The  national  banking  system  is  discussed  in  American 
History,  399-400;  the  Bank  of  the  United  States,  220-221,  272, 
309-311. 

2.  What  things  have  been  used  as  money  besides  metals? 
What  qualities  of  gold  and  silver  have  made  them  the  common 
money  metals?  Ely,  Outlines  of  Economics,  142-143;  Laugh- 
lin,  Elements  of  Political  Economy,  69-72;  Walker,  Political 
Economy,  102-104;  Encyclopedia  articles  on  money  and  coinage. 

3.  Weigh  a  five  dollar  gold  piece  on  a  druggist's  scales;  weigh 
five  silver  dollars.     What  is  the  ratio  of  these  weights? 

4.  Put  a  silver  dollar  in  one  side  of  a  balance,  and  one  dollar 
in  subsidiary  silver  coins  in  the  other.  What  is  the  result? 
Why?  See  an  account  of  the  monetary  laws  of  1853.  (Refer- 
ences in  question  7.) 

5.  Balance  an  old  coin  against  a  new  one  of  the  same  de- 
nomination. Is  the  former  worth  less  than  the  latter?  Coins 
become  abraded  and  yet  pass  at  face  value  except  in  international 

*  This  bureau,  in  1903,  was  transferred  to  the  Department  of  Commerce 
and  Labor. 


190      MONEY  OF  THE  UNITED  STATES 

trade.      Coins  shipped  abroad  are  weighed   to  ascertain   their 
true  value. 

6.  On  November  1,  1910,  the  total  amount  of  money  in  cir- 
culation in  the  United  States  was  $3,180,084,499.  The  popu- 
lation was  estimated  at  90,844,000.  Calculate  the  per  capita 
circulation.  How  do  these  amounts  compare  with  the  per 
capita  in  other  countries?     See  newspaper  almanacs. 

7.  The  following  books  contain  accounts  of  our  monetary 
history:  Knox,  United  States  Notes;  White,  Money  and  Bank- 
ing; Noyes,  Thirty  Years  of  American  Finance;  Taussig,  The 
Silver  Situation  in  the  United  States;  Andrews,  An  Honest  Dol- 
lar; Bullock,  Introduction  to  the  Study  of  Economics;  Laughlin, 
Political  Economy;  Report  of  the  Secretary  of  the  Treasury,  in 
Abridgment  of  President's  Message  and  Documents,  1895-96, 
187-246.  (A  valuable  account,  containing  several  official  re- 
ports.) 

8.  Statistics  of  coinage,  value  of  silver,  production  of  pre- 
cious metals,  etc.,  may  be  found  in  the  Statistical  Abstract;  Fi- 
nance Reports;  Treasury  Department  Circulars,  No.  123  and 
No.  143;  Reports  of  the  Secretary  of  the  Treasury  in  Abridg- 
ment of  the  President's  Message  and  Documents. 

9.  What  a  central  bank  would  do.  World's  Work,  19  ; 
12394-12397. 


CHAPTER  XX 

OTHER  GENERAL  POWERS  OF  CONGRESS 
I.  Power  of  Naturalization 

Naturalization  is  the  process  by  which  a  foreigner  who  are 
becomes  a  citizen.  The  first  section  of  the  XlVth  Amend- 
ment declares  the  following  classes  to  be  citizens:  "All 
persons  born  or  naturalized  in  the  United  States  and  sub- 
ject to  the  jurisdiction  thereof,  are  citizens  of  the  United 
States  and  of  the  States  wherein  they  reside."  This  section 
was  inserted  in  order  to  make  certain  the  citizenship  of  the 
freedmen,  so  that  their  rights  would  be  under  protection  of 
the  National  government.*  The  section  has  been  inter- 
preted to  apply  to  "white  persons  and  persons  of  African 
descent."  An  Act  of  Congress  in  1882  expressly  prohibits 
the  naturalization  of  Chinamen,  Naturalization  has  also 
been  denied  to  natives  of  Japan  and  of  Burmah.  But 
the  Supreme  Court  has  decided  that  a  child  bom  in  the 
United  States  of  Chinese  parents  is  a  citizen. f 

Previous  to  the  adoption  of  the  Constitution,  the  in- 
dividual States  had  the  right  to  determine  their  own  rules 
of  naturalization.  Much  confusion  thus  arose  because 
of  the  different  requirements  in  the  various  States,  and 
with  little  discussion  the  Constitutional  Convention  de- 
clared that: 

Congress  shall  have  the  'power  to  establish  a  uniform  rule  Section  8, 
of  naturalization  and  uniform  laws  on  the  subject  of  bank- 
ruptcies throxighout  the  United  States. 

*  See  American  History,  421;   423. 

t  United  States  vs.  Wong  Kim  Arli,  169  U.  S.,  649. 

191 


192       GENERAL  POWERS  OF  CONGRESS 


How  an 
alien 

becomes  a 
citizen. 


of 

intention 


Certificate 
of  natural- 
iisation. 


The  number  of  years  of  residence  in  the  United  States 
required  before  an  alien  might  be  admitted  to  citizenship 
varied  until  1802  when  the  present  rule  of  five  years  was 
adopted.  An  alien  who  has  reached  the  age  of  eighteen 
years  must,  at  least  two  years  before  admission  to  citi- 
zenship, appear  before  one  of  several  State  or  United  States 
Declaration  courts  designated  in  the  law.  He  must  declare  upon  oath 
that  it  is  his  bona  fide  intention  to  become  a  citizen  of  the 
United  States  and  to  renounce  forever  all  allegiance  to 
any  government  formerly  having  jurisdiction  over  him. 
If  he  has  borne  any  title  of  nobility  he  must  renounce  it. 
This  declaration  is  then  recorded  and  the  clerk  furnishes 
the  applicant  with  a  certified  copy  which  is  sometimes 
called  his  "first  papers." 

Not  less  than  two  years  nor  more  than  seven  years 
after  this  declaration,  provided  he  has  resided  continuously 
within  the  United  States  at  least  five  years  and  within  the 
State  or  territory  where  the  court  is  held  at  least  one  year, 
he  must  file  in  his  own  handwriting  his  petition  for  citi- 
zenship in  which  he  declares  that  he  is  not  opposed  to 
organized  government,  is  not  a  believer  in  the  practice  of 
polygamy,  and  intends  to  become  a  citizen  of  and  reside 
permanently  within  the  United  States.  Two  witnesses  who 
are  citizens  of  the  United  States  must  testify  to  his  term 
of  residence  and  declare  that  during  the  time  he  has  be- 
haved as  a  person  of  good  moral  character,  and  is  quali- 
fied to  become  a  citizen.  Ninety  days  from  the  filing  of 
the  petition  the  applicant  is  required  to  appear  in  open 
court  and  declare  upon  oath  that  he  will  support  the  Con- 
stitution of  the  United  States  and  renounce  and  abjure 
all  allegiance  and  fidelity  to  every  foreign  prince.  State,  or 
sovereignty  whatsoever.  The  applicant  must  be  able  to 
speak  the  English  language.  The  facts  having  been  as- 
certained to  the  satisfaction  of  the  court,  a  certificate  of 
naturalization  is  granted.     His  wife  and  any  of  his  chil- 


GENERAL  PO^VERS  OF  CONGRESS       193 

dren  under  twenty-one  years  of  age  become  citizens  at  the 
same  time. 

The  children  of  naturaHzed  citizens  born  abroad  are  regarded  status  of 
as  citizens.  Children  of  foreigners  born  in  this  country  and  re-  ^"'^'^*' 
siding  here  may  elect  their  allegiance.  An  alien  coming  to  the 
United  States  before  he  is  eighteen  years  old  may  be  admitted 
to  full  citizenship,  upon  the  declaration  of  his  intention,  after 
he  has  resided  in  the  United  States  five  years  and  is  twenty-one 
years  of  age.  He  must  be  able  to  prove  a  good  moral  character 
by  two  witnesses  and  satisfy  the  court  that,  for  the  two  years 
next  preceding,  it  has  been  his  bo7ia  fide  intention  to  become  a 
citizen. 

The  United  States  District  Courts  have  jurisdiction  over  bank-   Bank- 
ruptcy cases  according  to  the  law  of  July  1,  1898.     It  provides    [^^"^^f 
also  that  any  person  who  owes  debts,  except  a  corporation,  may    1S98. 
on  his  own  motion,  before  such  a  Court,  become  a  "volimtary" 
bankrupt.     Any  person  or  company,  except  a  National  bank 
or  a  bank  organized  under  State  or  Territorial  laws,  owing  debts 
of  SI, 000  and  over  may  be  forced  by  creditors  into  "involun- 
tary" bankruptcy  after  an  impartial  trial.     It  was  estimated  that 
within  a  period  of  less  than  three  years  after  the  passage  of  this 
law  some  40,000  persons  became  voluntary  bankrupts,  and  debts 
of  over  $600,000,000  were  thus  cancelled. 


II.  The  Postal  System  of  the  United  States 

Congress  shall  have  the  power  to  establish  'post-ofices  Section  8, 
and  post-roads.  ''^^"^^  ^• 

No  part  of  our  government  better  indicates  the  great  Deveiop- 
rapidity  of  our  National  development  than  the  progress  the"po°Li 
of  the  post-office  system.  An  act  of  Congress  of  1782 
directed  that  a  mail  should  be  carried  at  least  once  in  each 
week  from  one  office  to  another.  In  1790  there  were 
seventy-five  post-offices  in  the  United  States;  postage  to 
the  amount  of  $37,925  was  collected,  and  the  post-roads 
extended  over  1,875  miles.  Said  Postmaster-General 
Smith  in  1899:     "The  postal  establishment  of  the  United 


system. 


194      GENERAL  POWERS  OF  CONGRESS 


Classes  of 
mail  matter 
and  rates. 


Postal 
savings- 
banks. 


States  is  the  greatest  business  concern  in  the  world.  It 
handles  more  pieces,  employs  more  men,  spends  more 
money,  brings  more  revenue,  uses  more  agencies,  reaches 
more  homes,  involves  more  details,  and  touches  more  in- 
terests than  any  other  human  organization,  public  or  pri- 
vate, governmental  or  corporate."  In  1910  there  were 
59,580  post-offices  with  employees  numbering  over  200,- 
000.  The  expenditures  amounted  to  $229,977,000,  and 
the  total  extent  of  mail  routes  was  some  512,000  miles, 
and  the  number  of  pieces  of  mail  matter  handled  was 
14,000,000,000. 

There  are  four  classes  of  domestic  mail  matter,  as  follows: 
First-class — letters,  postal-cards,  or  other  wholly  or  partly  written 
matter  and  all  matter  closed  against  inspection.  The  rates  of 
postage  (postal-cards  and  "drop"  letters  mailed  at  non-delivery 
offices,  excepted)  are  two  cents  per  ounce  or  fraction  thereof. 
There  is  also  a  two-cent  rate  to  Great  Britain  and  Germany. 
Second-class — newspapers  and  publications  issued  at  stated  in- 
tervals as  often  as  four  times  a  year,  bearing  a  date  of  issue 
and  numbered  consecutively.  When  sent  by  the  publishers  or 
news-agents  the  rate  is  one  cent  a  pound.  For  other  persons 
the  rate  is  one  cent  for  four  ounces.  Third-class — books,  proof- 
sheets  accompanied  by  manuscript  copy,  and  seeds  may  be  sent 
at  the  rate  of  one  cent  for  two  ounces.  Fourth-class — all  mer- 
chandise not  included  in  the  other  classes  and  limited  to  four- 
pound  packages.  The  rate  is  one  cent  an  ounce.  All  mail  mat- 
ter may  be  registered  by  the  payment  of  eight  cents  in  addition 
to  the  regular  postage.  A  "special  delivery"  ten  cent  stamp  in 
addition  to  the  regular  postage  entitles  any  mailable  matter 
to  immediate  delivery  by  special  messenger,  upon  arrival  at  the 
post-office  to  which  it  is  addressed. 

For  some  years,  there  was  an  agitation  in  favor  of  es- 
tablishing savings-banks,  similar  to  those  in  European 
countries,  in  post-offices.  It  was  urged  that  this  would 
encourage  thrift  among  small  depositors  who  were  not 
within  easy  reach  of  private  savings-banks.  A  law  was 
passed  in  1910  which  provided  for  the  establishment  of 


GENERAL  POWERS  OF  CONGRESS       195 

postal  savings-banks.  The  plan  has  proven  a  success. 
The  post-office  acts  as  the  agent  through  which  the  funds 
are  deposited  in  the  National  banks.  The  banks  pay  the 
government  2J  per  cent,  interest  of  which  the  depositor 
receives  2  per  cent. 

The  United  States  is  the  only  great  nation  whose  post-oflBce  The  postal 
system  does  not  pay  a  profit.  The  deficit  has  been  several  ®  '^'''" 
miUions  of  dollars  annually,  that  for  1910  being  §6,000,000. 
This  was  caused  largely  by  the  transportation  of  second-class 
matter.  Newspapers  are  carried  free  within  the  county  of  publi- 
cation except  in  cities  ha\'ing  free  delivery.  There  is  a  charge 
of  one  cent  a  pound  on  periodicals  entered  as  second-class  matter, 
whereas  the  cost  to  the  government  for  transportation  is  eight 
cents  a  poimd.  In  the  year  1908  second-class  matter  consti- 
tuted sixty-four  per  cent,  of  the  weight  of  mail  carried  and  yielded 
five  per  cent,  of  the  revenue.  It  has  been  contended  by  the 
publishers  of  periodicals  in  their  opposition  to  an  increase  of 
the  rates  on  this  class  of  mail  (1)  that  the  advertisements  in 
magazines  increase  the  amount  of  first-class  mail  matter  tlirough 
the  correspondence  which  they  bring  about;  (2)  that  the  govern- 
ment pajrs  excessive  sums  to  the  railroad  companies,  thus  in- 
creasing the  deficit;  and  (3)  that  the  post-office  carries  all  gov- 
ernment business  free. 

One  of  the  notable  advances  in  the  mail  service  was   Free 

clBlivGrv 

the  provision  for  the  free  distribution  of  mail  in  cities 
of  10,000  inhabitants,  or  where  the  annual  postal  receipts 
are  S10,000  and  above. 

A  greater  innovation  was  made  possible  by  an  act  of  Rural  maU 
Congress  in  1897,  which  made  an  appropriation  for  test- 
ing the  advantages  of  the  free  delivery  system  in  the 
country  districts.  In  many  different  sections  of  the 
country  routes  were  established  along  which  there  is  the 
daily  collection  and  delivery  of  the  mail  from  house  to 
house.  The  plan  has  met  with  much  favor.  By  No- 
vember 30,  1909,  39,516  such  routes  had  been  established. 
The  rural  population  receiving  daily  mail  service  amounted 


delivery. 


196      GENERAL  POWERS  OF  CONGRESS 

to  more  than  18,000,000.  In  the  districts  where  such 
routes  have  been  formed  there  has  been  a  large  increase 
of  postal  receipts  over  the  revenues  received  from  the  old 
system  of  rural  post-offices.*  In  addition  to  bringing  the 
country  districts  into  more  immediate  connection  with  the 
centres  of  population,  the  establishment  of  these  routes 
will  bring  about  a  more  improved  system  of  road  mak- 
ing. Indeed  it  has  practically  been  determined  that  good 
roads  shall  be  made  a  prerequisite,  and  on  one  route  the 
farmers  expended  $3,000  in  the  improvement  of  the  roads 
before  the  route  was  granted. 

A  parcels  The  Postmaster-General  in  1908  asked  permission  to  establish 

^^  '  a  limited  parcels-post  which  should  be  confined  to  the  rvu-al  de- 

livery routes.  It  was  urged  that  it  would  not  alone  be  of  great 
benefit  to  the  farmers,  but  would  bring  large  additional  revenues 
to  the  post-office.  The  argiunents  against  the  system  have  been 
presented  by  the  express  companies  and  other  common  carriers 
on  the  ground  that  it  would  mean  the  destruction  of  much  of 
their  business.  It  was  claimed  also  by  merchants  of  small  towns 
that  the  department  stores  of  the  cities  would  thus  be  able  to 
undersell  them.  Although  the  plan  was  favored  by  the  Presi- 
dent, 1910,  it  failed  in  Congress. 

Post-roads.  Post-roads,  or  routes,  are  declared  by  statute  to  be 
"all  letter  carrier  routes  in  towns  and  cities,  all  railroads 
and  canals,  and  all  the  waters  of  the  United  States  during 
the  time  the  mail  is  carried  thereon." 


III.  Copyrights  and  Patents. 

The  clause  which  provides  that  the  rights  of  authors 
and  inventors  shall  be  protected  by  suitable  Congres- 
sional enactment  was  adopted  without  debate  in  the  Con- 
stitutional Convention.     Congress  was  given  power: 

*  During  the  year  1907-1908,  3,694  of  these  post-offices  were  discon- 
tinued. 


GENERAL  POWERS  OF  CONGRESS       197 


To  promote  the  progress  of  science  and  useful  arts,  by 
securing  for  limited  times  to  authors  and  inventors  the  ex- 
clusive right  to  their  respective  writings  and  discoveries. 

Any  person  desiring  a  copyright  must  deliver  at  the 
office  of  the  Librarian  of  Congress,  or  deposit  in  the  mail 
addressed  to  him,  on  or  before  the  day  of  publication,  a 
printed  copy  of  the  title  of  the  book,  map,  chart,  dramatic 
or  musical  composition,  engraving,  cut,  print,  photograph, 
or  chromo,  or  a  description  of  the  painting,  drawing, 
statue,  statuary,  or  a  model  or  design  for  a  work  of  the 
fine  arts  for  which  he  desires  a  copyright,  Tw'o  complete 
printed  copies  of  the  best  edition  of  the  book,  map,  etc., 
or  a  photograph  of  the  painting,  statue,  etc.,  copyrighted 
must  be  delivered  or  sent  to  the  Librarian  of  Congress 
not  later  than  the  day  of  publication.  These  copies  must 
be  printed  from  "type  set  within  the  limits  of  the  United 
States  or  from  plates  made  therefrom,  or  from  negatives, 
or  drawings  on  stone  made  within  the  limits  of  the  United 
States,  or  from  transfers  made  therefrom." 

After  complying  with  the  law  the  author,  inventor,  de- 
signer, or  proprietor  of  the  book,  chart,  engraving,  etc., 
may  have  the  sole  liberty  of  printing,  copying,  and  selling 
it  for  a  period  of  twenty-eight  years.  A  renew'al  for  a 
second  term  of  fourteen  years  may  be  secured  by  comply- 
ing with  all  the  regulations  for  obtaining  the  original  copy- 
right. Copyrights  may  be  sold  or  transferred  providing 
the  record  is  made  in  the  office  of  the  Librarian  of  Con- 
gress within  sixty  days. 

As  early  as  1S19  the  authors  of  England  and  the  United  States 
tried  to  induce  Parliament  and  Congress  to  pass  an  international 
copyright  law.  The  writings  of  an  author  of  one  of  these  coun- 
tries were  commonly  republished  in  the  other  country  without 
his  consent.  All  attempts  to  secure  such  legislation  were  fruit- 
less until  Congress  enacted,  March  3,  1891,  that  our  copyright 
law  should  also  apply  to  a  citizen  of  a  foreign  nation,  providing 
citizens  of  the  United  States  are  given  equal  copyright  privileges 


Section  8, 
clause  8. 


Process  of 
obtaininga 
copyright. 
Law  of 
July,  1900. 


Protection 

by  the 
copyright. 


Interna- 
tional 
copyright. 


198       GENERAL  POA\TSRS  OF  CONGRESS 


with  the  citizens  of  that  nation,  or  in  case  such  nation  is  a  party 
to  an  international  agreement,  into  which  the  United  States  may 
enter,  which  provides  for  "reciprocity  in  the  granting  of  copy- 
right." Copyright  relations  have  been  established  by  the  United 
States  with  the  following  nations:  Belgium,  France,  Great 
Britain  and  her  possessions,  Switzerland,  Germany,  Italy,  Den- 
mark, Portugal,  Spain,  Mexico,  Chile,  Costa  Rica,  and  Holland. 

Patents.  The  inventive  genius  of  the  American  people,  together 

with  the  protection  afforded  inventors  by  our  laws,  ac- 
count for  the  fact  that  out  of  1,729,147  patents,  the  total 
number  granted  in  all  countries  up  to  the  year  1897,  over 
one-third  had  been  issued  in  the  United  States.*  In  the 
year  1910,  37,421  patents  were  granted  by  our  govern- 
ment. A  person  desiring  a  patent  must  declare  upon  oath 
in  his  petition  addressed  to  the  Commissioner  of  Patents 
that  he  believes  himself  to  be  the  first  inventor  of  the  article 
for  which  he  solicits  a  patent.  He  must  also  submit  a  full 
description  of  the  invention  together  with  drawings,  and  if 
required  by  the  Commissioner,  a  model  of  it.  The  sum  of 
$15  is  charged  for  filing  the  application  and  $20  for  issuing 
the  patent.  The  patent  is  issued  for  seventeen  years, 
but  may  be  extended  for  seven  years  longer  by  the  Com- 
missioner or  by  a  special  act  of  Congress,  providing  the 
inventor  has  not  received  what  is  regarded  as  an  adequate 
money  return.  During  this  period,  the  patentee  has  the 
exclusive  right  to  manufacture  and  sell  his  invention.  He 
may  also  transfer  the  right  to  another  if  notice  is  sent  to 
the  Patent  Office. 

Caveat.  A  cavcat  filed  in  the  Patent  Office  gives  a  description 

of  a  proposed  invention  and  secures  to  the  inventor  an 
extension  of  one  year  in  which  to  complete  his  work. 

The  Patent  Office  is  one  of  the  self-supporting  parts  of  the 
government.  With  the  fees  there  has  been  constructed  the 
building  now  occupied  by  the  Department  of  the  Interior,  and 
a  large  surplus  has  been  accimaulated  besides. 

*  Report  of  the  Commissioner  of  Patents,  1897,  p.  vii. 


GENERAL  POWERS  OF  CONGRESS       199 


IV.  Piracies  and  Felonies 

Congress  shall  have  'power  to  define  and  punish  piracies   Section  8i 
and  felonies  committed  on  the  high  seas  and  offences  against 
the  law  of  nations. 

The  jurisdiction  of  a  State  is  limited  by  the  low-water  mark.    Crimes  on 
The  United  States  has  jurisdiction  over  the  waters  beyond  the   seas.  ° 
low-water  mark   and   extending  three  miles  farther  into   the 
ocean,  and  including  gulfs  and  bays;  also  over  crimes  committed 
on  vessels  of  this  nation  upon  the  high  seas,  that  is,  the  waters 
of  the  ocean  beyond  this  limit. 

"Piracy  is  robbery  on  the  sea,  or  by  descent  from  the  sea   Piracy. 
upon  the  coast,  committed  by  persons  not  holding  a  commission    interna-' 
from,  or  at  the  time  pertaining  to,  any  established  state."     The   tw^nal  Law. 
established  punishment  for  piracy  is  death.     Each  nation  has 
the  power  to  extend  the  definition  of  piracy,  as,  for  illustration, 
in  1820  Congress  declared  the  slave  trade  to  be  piracy.     Such  a 
law,  however,  can  be  made  to  apply  only  to  citizens  and  vessels 
belonging  to  that  nation. 

Felonies  are  usually  interpreted  as  including  such  extreme   Felony, 
offences  as  treason,  murder,  arson,  and  other  crimes,  punishable 
by  death  or  imprisonment  in  State  prison. 

The  law  of  nations  or  international  law  is  defined  as  follows :    Law  of 
"The  rules  which  determine  the  conduct  of  the  general  body 
of  civilized  States  in  their  dealing  with  one  another."* 


V.  Military  Powers  of  Congress 
To  declare  war,  grant  letters  of  marque  and  reprisal,  and   Section  8, 

CiHUSPS    -L  J-  f 

Tuake  rules  concerning  captures  on  land  and  water;  12. 13,  14. 

To  raise  and  support  armies,  hut  no  appropriation  of 
money  to  that  use  shall  he  for  a  longer  term  than  two  years. 

To  provide  and  maintain  a  navy. 

To  make  rules  for  the  government  and  regulation  of  the 
land  and  naval  forces. 

*  Lawrence,  The  Principles  of  International  Law,  p.  1, 


nations. 


200      GENERAL  POWERS  OF  CONGRESS 


Declaration 
of  war. 


Privateers. 


Captures. 


The  army. 


The  power  to  declare  war  in  European  nations  largely 
rests  with  the  Executive.  Such  a  plan  was  proposed  in 
the  Constitutional  Convention  but  it  was  thought  a  sov- 
ereign power  of  this  nature  ought  to  be  exercised  in  a 
Republic  by  the  representatives  of  the  people,  A  formal 
declaration  of  war  is  not  absolutely  necessary  before  hos- 
tilities are  begun,  but  it  is  usual. 

Great  harm  has  been  done  to  commerce  through  the  use  of 
privateers  in  time  of  war.  These  are  vessels  which  are  owned 
and  officered  by  private  persons  but  are  commissioned  through 
the  granting  by  a  government  of  letters  of  "marque  and  repri- 
sal." *  With  such  a  commission,  a  vessel  is  privileged  to  seize 
the  property  of  the  enemy  wherever  found.  In  the  Congress  of 
Paris,  of  1856,  in  which  the  chief  European  powers,  Spain  ex- 
cepted, were  represented,  one  of  the  principles  agreed  to  was  that 
privateering  should  be  abolished.  Although  our  government 
was  not  a  party  to  the  agreement,  the  President  declared  at  the 
opening  of  the  Spanish-American  War,  1898,  that  its  provisions 
should  be  maintained.  Spain  declared  in  favor  of  granting  let- 
ters of  marque  to  privateers  but  did  not  carry  out  the  threat. 

Captures  on  land  become  the  property  of  the  government. 
Prizes,  or  captures  on  the  water,  are  sold  under  the  authority 
of  the  United  States  District  Court.  The  proceeds  are  divided 
among  the  victorious  crew  in  proportion  to  the  service-pay  of 
each,  if  the  captured  vessel  is  of  equal  rank  with  the  captor; 
if  of  inferior  rank  one-half  is  paid  to  the  government. 

There  was  great  jealousy  and  fear  of  the  power  of  the 
army  at  the  close  of  the  Revolutionary  War.  In  order 
that  the  standing  army  might  not  become  unduly  large, 
the  Constitution  provides  that  the  appropriation  for  that 
purpose  shall  not  be  for  a  longer  term  than  two  years.  It 
was  believed  that  a  check  could  then  be  imposed  through 
the  election  of  new  Representatives.  These  appropria- 
tions have  ordinarily   been  made  annually.     Compared 

*  The  term  was  at  first  applied  on  land.  An  officer  thus  commissioned 
might  pass  the  mark,  or  boundary,  and  make  reprisals  on  the  persons  or 
property  of  the  enemy. 


GENERAL  POWERS  OF  CONGRESS      201 

with  the  standing  armies  of  European  nations,  our  army 
is  insignificant  in  numbers.*  The  army  of  France  on  a 
peace  footing  now  numbers  600,000  men;  of  Germany 
617,000;  of  Great  Britain  132,000;  and  of  Russia  1,200,- 
000. 

The  President  is  ex-officio  commander-in-chief  of  the  army  and  Officers  of 
na\y  of  the  United  States,  but  the  actual  movements  of  the  army 
are  practically  directed  by  the  lieutenant-general,  the  officer  now 
highest  in  command.  The  commissioned  officers  of  a  company 
are  captain,  first  and  second  lieutenants,  with  an  additional  first 
lieutenant  for  the  artillery.  The  non-commissioned  officers  are 
first  sergeant,  sergeant,  and  corporal.  Officers  above  the  rank  of 
colonel  are  called  "officers  of  the  line"  and  all  others  "field 
officers." 

The  construction  of  a  navy  in  the  modem  sense  was  The  navy. 
not  begun  by  our  government  prior  to  18S3.  Since  that 
time  there  has  been  a  notable  advance  and  in  1910  it  was 
estimated  that  our  navy  was  excelled  in  strength  only  by 
that  of  Great  Britain.  Congress,  in  1910,  in  spite  of  the 
opposition  of  the  advocates  of  peace,  continued  the  policy 
of  "adequate  preparation"  by  authorizing  the  construction 
of  two  battle-ships  a  year.  The  Secretary  of  the  Navy  de- 
clared that  the  purchase  of  eight  additional  battle-ships  at 
an  outlay  of  150,000,000  would  have  prevented  the  war 
with  Spain,  which  necessitated  an  immediate  outlay  of 
more  than  ten  times  that  amount  and  an  average  annual 
expenditure  besides  of  $2,000,000  for  pensions. 


A  ship  of  the  first  class  is  given  the  name  of  a  State,  one  of  the   Classes  and 
second  class  that  of  a  principal  city  or  river,  and  the  name  for   v|^^s° 
one  of  the  third  class  is  selected  by  the  President.     The  navy 


Number  of 

now  contains  over  150  ships.     At  the  beginning  of  the  year  1910,    men  and 
the  number  of  men  on  board  the  war-vessels  aggregated  46,000.    the'^navy! 
The  titles  admiral  and  vice-admiral,  corresponding  to  the  grades 

*  The  "New  Army  Law"  of  January,  1901,  established  the  minimum 
of  men  in  the  army  at  57,000  and  the  maximum  at  100,000.  In  1908 
the  number  of  officers  and  men  in  the  army  was  72,628. 


202       GENERAL  POWERS  OF  CONGRESS 


Naval 
mililia. 


of  general  and  lieutenant-general  in  the  army,  were  created  by- 
act  of  Congress  to  be  bestowed  as  a  recognition  for  very  distin- 
guished service  during  the  Civil  War  on  the  following  men: 
Admirals  Farragut  and  Porter,  and  Vice-Admirals  Farragut, 
Porter,  and  Rowan.  Admiral  Dewey  was  likewise  granted  his 
title  by  a  special  act  of  Congress  after  the  battle  of  Manila. 
Grades  in  the  line  of  the  navy  ranking  with  the  army  officers, 
major-generals,  brigadier-generals,  colonels,  and  so  on,  are  rear- 
admirals,  captains,  commanders,  lieutenant-commanders,  Ueuten- 
ants,  masters,  ensigns. 

The  naval  militia  has  been  organized  in  eighteen  States.  They 
are  under  the  immediate  direction  of  the  governors  and  adjutant- 
generals.  When  called  into  service  during  time  of  war  they 
man  the  vessels  for  the  defence  of  the  harbors,  thus  freeing  the 
regular  force  to  engage  in  active  warfare. 

The  militia.  A  nation  Hiust  depend  for  protection  either  upon  a 
large  standing  army  or  upon  citizen-soldiers.  Since  the 
regular  army  was  to  be  small,  the  plan  to  provide  for 
the  militia  met  with  but  little  opposition  in  the  Consti- 
tutional Convention.  Congress  was  accordingly  given  the 
power: 

To  provide  for  calling  forth  the  militia  to  execute  the 
laws  of  the  Union,  suppress  insurrections  and  repel  inva- 
sions. 

To  provide  for  organizing,  arming  and  disciplining  the 
militia,  and  for  governing  such  part  of  them  as  may  he  em- 
ployed in  the  service  of  the  United  States,  reserving  to  the 
States  respectively  the  appointment  of  the  officers,  and  the 
authority  of  training  the  militia  according  to  the  discipline 
prescribed  by  Congress. 

As  defined  by  Congress  the  militia  consists  of  all  able- 
bodied  male  citizens  of  the  United  States  and  those  who 
have  declared  their  intention  to  become  citizens  between 
the  ages  of  eighteen  and  forty-five  years. 


Section  S, 
clause  15. 


Clause  16. 


Who  are 
the  militia? 


The 

National 

Guard. 


That  portion  of  the  militia  regularly  organized  into  regiments 
in  the  various  States  under  officers  of  their  own  selection  is 
called  the  National  Guard.     They  are  granted  military  stores  by 


GENERAL  POWERS  OF  CONGRESS       203 

order  of  the  Secretary  of  War  and  are  called  upon  to  take  part  in 
the  mancBUvres  and  field  practice  of  the  regular  army.  In  case 
of  need  they  may  be  called  into  the  field  as  a  second  line  of  na- 
tional defence.  The  number  of  men  in  the  National  Guard  is  over 
100,000. 

When  war  with  Spain  was  determined  upon,  the  volunteer  Volunteers 
army  bill  was  passed  by  Congress  and  the  President  issued  a 
proclamation,  April  23,  calling  for  125,000  volunteers  for  two 
years'  service.  May  25,  there  was  a  second  call  for  75,000. 
These  were  apportioned  among  the  States  and  Territories  ac- 
cording to  their  population.  The  militia  could  not  be  called 
out,  for  the  conditions  mentioned  in  clause  15  did  not  apply, 
and  it  was  necessary  to  resort  to  the  volunteer  service.  Prefer- 
ence was  given  to  those  volunteers  who  were  members  of  the 
organized  militia. 


of  1898. 


'O^ 


VI.  Location  of  the  Capital 

The  Congress  of  the  Confederacy,  in  1783,  while  in 
session  at  Philadelphia,  made  a  fruitless  appeal  to  the 
authorities  of  Pennsylvania  for  protection  against  the 
menaces  of  a  portion  of  the  unpaid  Revolutionary  army, 
and  was  compelled  to  leave  the  city.  The  agitation 
arising  over  this  incident  doubtless  led  to  the  Constitu- 
tional provision: 

Congress  shall  have  the  powei-  to  exercise  exclusive  legis-  Section  8, 
latiori  in  all  cases  whatsoever  over  such  district  (not  ex- 
ceeding ten  miles  square)  as  may,  by  cession  of  'particular 
States,  and  the  acceptance  of  Congress,  become  the  seat  of 
the  government  of  the  United  States,  and  to  exercise  like 
authority  over  all  places  purchased  by  the  consent  of  the 
legislature  of  the  State  in  which  the  same  shall  be,  for  the 
erection  of  forts,  magazines,  arsenals,  dock-yards,  and  other 
needful  buildings. 

After  a  notable  contest,  Congress  in  1790  accepted  the   District  of 
cession  of  ten  miles  square  of  land  in  which  to  locate  the 
National  capital,  offered  by  the  States  of  Maryland  and 
Virginia    and    situated    on    the    Potomac    River.     Some 


204       GENERAL  POWERS  OF  CONGRESS 

thirty  square  miles  were  afterguards  receded  to  Virginia. 
New  York  had  been  the  capital  since  1785.  In  1790  it 
was  again  located  at  Philadelphia  for  ten  years,  and  was 
then  transferred  to  the  District  of  Columbia. 


Govern- 
ment of 
the 
Diatrict. 


Forts  and 
arsenals. 


The  local  affairs  of  the  District  are  administered  by  three  com- 
missioners: a  Republican,  a  Democrat,  and  an  officer  of  the  En- 
gineer Corps  of  the  army.  They  are  appointed  by  the  President 
and  confirmed  by  the  Senate  for  a  term  of  three  years,  and  each 
has  a  salary  of  $5,000  per  annum.  They  are  granted  the  privilege 
of  originating  many  bills  relative  to  the  affairs  of  the  District, 
which  then  pass  through  the  ordinary  course  of  legislation  in 
Congress.  All  other  officers  are  appointed  by  the  President,  the 
inhabitants  not  having  the  right  of  the  ballot  in  a  single  instance. 
One-half  the  expenses  of  the  government  is  provided  for  through 
C!ongressional  appropriations.  The  remainder  is  met  by  taxa- 
tion in  the  District. 

When  the  States  sell  land  to  the  general  government  to  be  used 
for  forts,  magazines,  and  other  purposes,  they  usually  reserve 
the  right  to  serve  civil  and  criminal  writs  on  persons  within  the 
ceded  territory.  Such  places  cannot,  in  consequence,  become 
asylums  for  fugitives  from  justice. 


VII.   Implied  Powers 


Seftion  8, 
clause  18. 


Strict  and 
loose  con- 
struction. 


We  are  now  to  consider  one  of  the  most  important 
grants  of  power  to  Congress: 

To  viahe  all  laws  which  shall  he  necessary  and  proper 
for  carrying  into  execution  the  foregoing  'powers  and  all 
other  powers  vested  by  this  Constitution  in  the  government 
of  the  United  States  or  in  any  department  or  officer  thereof. 

Our  national  development  has  been  largely  depend- 
ent upon  the  liberal  construction  given  this  clause,  which 
is  often  called  the  "elastic  clause"  of  the  Constitution. 

The  question  of  its  real  interpretation  arose  over  the 
problem  of  establishing  the  first  United  States  Bank  in 
1791.  INIadison  urged,  when  the  measure  was  being  con- 
sidered in  the  House  of  Representatives,  that  Congress 


GENERAL  POWERS  OF  CONGRESS      205 

did  not  possess  the  power  of  establishing  such  a  corpora- 
tion, since  it  was  not  expressly  granted  by  the  Constitu- 
tion. When  President  Washington  referred  it  to  his 
Cabinet  for  consideration,  Jefferson  took  a  similar  position. 
Hamilton  maintained,  on  the  other  hand,  that  the  power 
was  ivi'plied  in  the  foregoing  clause,  and  that  if  the  bank 
were  "necessary  and  proper  to  carry  out  any  specific 
powers,  such  as  taxation  and  the  borrowing  of  money, 
then  Congress  might  create  a  bank  or  any  other  public 
institution  to  serve  its  ends." 


We  have  here  the  first  assertions  of  the  doctrines  of  the  The 

posit 
of  pc 
parties. 


strict  and  loose  constructions  of  the  Constitution.     A  few   of  political 


of  the  other  great  questions,  besides  that  of  the  United 
States  Bank,  which  have  led  to  the  definition  of  these 
views  have  been,  Has  Congress  the  right  to  make  appro- 
priations for  internal  improvements?  Does  the  Consti- 
tution allow  the  establishment  of  a  protective  tariff  or  the 
acquistion  of  territory  ?  Is  not  the  making  of  paper  money 
legal  tender  unconstitutional  ?  In  general,  the  views  on  the 
interpretation  of  the  Constitution  held  by  Hamilton  and  the 
Federalists  have  been  those  of  the  Whig  and  the  Republi- 
can parties,  and  those  held  by  Jefferson  and  the  anti-Fed- 
eralists have  constituted  the  guiding  principles  of  the  Dem- 
ocratic party.  Strictly  speaking,  however,  the  party  in 
power  have  been  loose  constructionists  and  their  opponents 
have  been  strict  constructionists.  A  study  of  the  questions 
just  indicated  shows  that  there  has  been  present  the  ten- 
dency, throughout  the  history  of  our  nation,  to  advance 
the  principle  of  the  broad  interpretation  of  the  Constitu- 
tion, and  this  has  led  to  the  taking  of  an  advanced  posi- 
tion by  the  party  of  strict  interpretation.  Thus  the  Dem- 
ocratic party  of  1850  would  be  considered  the  party  of 
liberal  interpretation  if  compared  with  the  Democratic- 
Republican  party  of  Washington's  administration. 

Mr.  Bryce  has  well  said:     "The  interpretation  which 


206       GENERAL  POWERS  OF  CONGRESS 

has  thus  stretched  the  Constitution  to  cover  powers  once 
undreamt  of  may  be  deemed  a  dangerous  resource.  But 
it  must  be  remembered  that  even  the  Constitutions  we 
call  rigid  must  make  their  choice  between  being  bent  or 
beins:  broken.  The  Americans  have  more  than  once  bent 
their  Constitution  in  order  that  they  might  not  be  forced 
to  break  it."  * 

Supplementary  Questions  and  References 

1.  What  are  some  of  the  difficulties  encountered  in  becoming 
a  citizen  ?     Independent,  65  :  99^1000. 

2.  The  following  references  are  good  on  the  subject  of  postal 
reform:  Forum,  24  :  471-475:  723-728;  N.  Am.  Rev.,  166  : 
342-349;   172  :  420-430. 

3.  For  postal  savings-banks  in  Great  Britain,  see  Arena,  33  : 
31-37;  35  :  590-592. 

4.  For  parcels  post  in  Europe,  see  Arena,  34  :  113-119. 

5.  Should  there  be  a  system  of  postal  telegraphy?  Cen. 
Mag.,  59  :  952-956;   N.  Am.  Rev.,  172  :  554-556. 

6.  For  the  methods  employed  in  the  patent  office  and  a  com- 
parison between  our  system  and  that  of  European  nations,  see 
The  United  States  Patent  Office,  Cen.  Mag.,  61  :  346-356. 

7.  Describe  the  organization  of  our  army.  Harper's  Mag., 
80  :  493-509;   Forum,  21  :  34-43. 

8.  For  an  interesting  account  of  the  army  and  navy  at  the 
opening  of  the  war  with  Spain,  see  Lodge,  Harper's  Mag.,  98  : 
833-858. 

9.  How  is  the  success  of  our  navy  in  the  war  with  Spain  ac- 
counted for?  Atl.  Mo.,  82  :  605-616;  Scribner's  Mag.,  24  : 
529-539. 

10.  The  process  of  the  construction  and  cost  of  a  battle-ship. 
Cen.  Mag.,  48  :  347-352. 

11.  The  process  of  building  a  dreadnought.  Rev.  of  R's,  39  : 
749-750. 

12.  Our  naval  progress  compared  with  other  nations.  Rev. 
of  R's,  17  :  70-71;   39  :  347;   World's  Work,  21  :   13898-13902. 

*  Bryce,  American  Commonwealth,  I,  390. 


GENERAL  POWERS  OF  CONGRESS      207 

13.  The  costliness  of  war,  see  Arena,  36  :  337-344. 

14.  Should  the  na\7  be  enlarged  ?     Indept.,  38  :  589-594. 

15.  Message  of  President  Roosevelt  on  the  army  and  navy, 
1907.  Reinsch,  Readings  on  American  Federal  Government, 
610-618. 

16.  The  significance  of  the  world  cruise  of  the  fleet,  1907. 
Rev.  of  R's,  37  :  456-463;    38  :  281. 

17.  What  special  problem  was  connected  with  the  location 
of  the  capital?  How  was  it  finally  settled?  Hart,  American 
History  Told  by  Contemporaries,  IH,  269-272;  Schouler,  I, 
152-156;  McMaster,  I,  555-562. 

18.  The  development  of  Washington  during  the  one  hundred 
years  of  its  existence  is  discussed  in  Rev.  of  R's,  22  :  675-686; 
Forum,  30  :  545-554. 

19.  For  the  influence  of  the  implied  powers,  see: 

a.  Internal  improvements.  American  History,  277;  Hart, 
American  History  Told  by  Contemporaries,  IH,  436- 
440;  Walker,  The  Making  of  the  Nation,  204,  205,  262, 
263;    Hart,  Formation  of  the  Union,  227-229,  253-255. 

b.  The  United  States  Bank.     American  History,  220-222, 

286;  Hart,  American  History  Told  by  Contemporaries, 
IH,  44&-450;  Hart,  Formation  of  the  Union,  150-151, 
226-227;   Walker,  The  Making  of  the  Nation,  82-83. 

c.  The   annexation   of   territory.     American   History,    247; 

Hart,  American  History  Told  by  Contemporaries,  HI, 
373-376;  Walker,  The  Making  of  the  Nation,  177-184; 
Hart,  The  Formation  of  the  Union,  188. 

d.  Legal  tender  cases.     American  History,  378,  388;  Wilson, 

Division  and  Reunion,  280-281. 

20.  Make  a  list  of  the  powers  of  Congress  thus  far  discussed. 
See  article  I,  section  8.  Mention  in  connection  with  as  many  of 
these  as  possible  some  action  of  Congress  taken  by  virtue  of  the 
power  stated  in  clause  18  of  section  8. 


CHAPTER  XXI 

POWERS  DENIED   THE   UNITED   STATES  AND  THE 
SEVERAL  STATES 

Prohibi-  After  an  enumeration  of  certain  powers  granted  to 

United"*  ^  Congress,  we  come  next  to  consider  those  retained  by  the 
tates.         people.     They  represent  the  fruits  of  centuries  of  con- 
tests which  not  even  the  representatives  of  the  people 
should  be  privileged  to  destroy.     In  like  manner,  at  the 
time  of  the  formation  of  the  Constitution  it  was  desirable 
that  the  general  government  should  be  protected  from  the 
encroachments  of  the  individual  States. 
Slave  trade       Traffic  in  slaves  was  general  among  civilized  nations 
prohibited,    jj^    jygy_     j^   j^   satlsfactory   to   note,    therefore,    that   a 
majority  of  the  delegates  in  the  Convention  favored  the  pro- 
hibition of  the  slave  trade  immediately.     All  of  the  States, 
Georgia,  North  Carolina,  and  South  Carolina  excepted, 
had  already  prohibited  it.     Through  fears  that  the  adop- 
tion of  the  Constitution  would  be  endangered,  a  concession 
was  finally  made  to  these  States  by  a  compromise  which 
provided  that  the  slave  trade  should  not  be  prohibited  for 
a  period  of  twenty  years. 
Article  I  ^'^^  migration  or  importation  of  such  persons  as  any  of 

cSusTl'  ^^^^  States  now  existing  shall  think  proper  to  admit,  shall 
not  he  prohibited  by  Congress  prior  to  the  year  one  thou- 
sand eight  hundred  and  eight,  hut  a  tax  or  duty  muy  he 
imposed  on  such  importation,  not  exceeding  ten  dollars  for 
each  person. 

Such  a  tax  was  never  Imposed.     It  was  found  that  the 
law  of  1807  which  was  to  take  effect  January  1,  1808, 

208 


POWERS  DENIED  UNITED  STATES     209 

and  thus  carry  out  the  intention  of  this  clause,  did  not 
wholly  stop  the  traffic.  Congress,  therefore,  in  1820,  de- 
clared the  slave  trade  to  be  piracy  punishable  with  death. 

The  'privilege  of  the  writ  of  habeas  corpus  shall  not  be   Section  9. 
suspended,  unless  when  in  cases  of  rebellion  or  invasion  the 
public  safety  may  require  it. 

A  writ  of  habeas  corpus  is  a  writ  granted  by  a  court  Habeas 
commanding  an  officer  to  produce  before  it  the  body  of 
a  prisoner,  that  the  court  may  inquire  into  the  cause  of 
imprisonment  or  detention.  If  after  such  inquiry,  it  is 
found  that  a  person  is  detained  for  insufficient  cause,  he 
is  given  his  freedom.  Congress  has  been  given,  by  ju- 
dicial decision,  the  right  to  suspend  the  writ  in  case 
of  rebellion  or  invasion,  but  may  grant  this  right  to  the 
President.* 

No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed,  clause  3. 


"Bills  of  attainder  are  such  special  acts  of  the  legislature 
as  inflict  capital  punishments  upon  persons  supposed  to  be 
guilty  of  high  offences,  such  as  treason  and  felony,  without  any 
conviction  in  the  ordinary  course  of  proceedings.  If  an  act  in- 
flicts a  milder  degree  of  punishment  than  death  it  is  called  a 
bill  of  pains  and  penalties."  The  great  abuses  under  such  a 
law  grow  out  of  the  fact  that  persons  may  be  deprived  of  life, 
liberty,  or  property  without  judicial  procedure,  and  such  action 
would  be  intolerable  in  the  United  States. 


Bill  of 
attainder. 


Story,  On 
the  Consti- 
tution, II, 
216. 


Ex  post 
facto  laws. 


The  Supreme  Court  has  given  the  following  definition 
"An  ex  post  facto  law  is  one  which  renders  an  act  pun 
ishable  in  a  manner  in  which  it  was  not  punishable  when  it 
was  committed.     The  phrase  applies  to  acts  of  a  criminal 
nature  only.  .  .  .  Laws  which  mitigate  the  character  or  story,  On 
punishment  of  a  crime  already  committed,  may  not  fall  tution°,"ii,* 

2Tj    221 

within  the  prohibition,  for  they  are  in  favor  of  the  citizen."  f     "  ' 


*  For'President  Lincoln's  use  of  this  writ,  see  American  History,  p.  391. 
t  Section  9,  clause  4,  is  discussed  under  National   Finances,  p.    167. 
Section  9,  clauses  5  and  6,  are  discussed  under  Commerce,  p.  174. 


210     POWERS  DENIED  UNITED  STATES 


Clause  7. 


Care  of 

public 

money. 


Clause  8. 


Titles  of 
nobility. 


Gifts  from 

foreign 

states. 


Section  10, 
clause  1. 
Absolute 
prohibi- 
tions on 
the  States. 


No  money  shall  be  drawn  from  the  Treasury,  hut  in  con- 
sequence of  appropriations  Tnade  by  law;  and  a  regular 
statement  and  account  of  the  receipts  and  expenditures  of 
all  public  money  shall  be  published  from  time  to  time. 

It  is  proper  in  a  government  such  as  ours  that  the  con- 
trol of  the  public  money  should  be  lodged  with  the  repre- 
sentatives of  the  people.  Through  the  annual  report  of 
the  Secretary  of  the  Treasury,  the  people  may  loiow  from 
what  sources  our  revenues  are  derived  and  for  what  pur- 
poses the  money  is  expended. 

No  title  of  nobility  shall  be  granted  by  the  United  States; 
and  no  person  holding  any  office  of  profit  or  trust  under 
them  shall,  without  the  consent  of  the  Congress,  accept  of 
any  present,  emolument,  office,  or  title  of  any  kind  what- 
ever from  any  king,  prince  or  foreign  state. 

An  amendment  proposed  in  1809  provided  that  any  one 
who  accepted  a  title  of  nobility,  or,  without  the  consent 
of  Congress,  a  present,  office,  or  emolument  from  any 
foreign  sovereign  or  state  should  cease  to  be  a  citizen  of 
the  United  States  and  be  incapable  of  holding  any  office 
therein.  That  the  spirit  of  antagonism  to  a  titled  citizen- 
ship was  general  is  shown  by  the  fact  that  this  amendment 
passed  both  Houses  of  Congress,  received  the  sanction  of 
twelve  States,  and  failed  of  ratification  by  only  one  vote. 

It  was  hoped  through  the  second  part  of  the  clause  that 
public  officers  would  be  removed  from  the  dangers  of 
bribery  by  foreign  nations.  Congress  may  allow  gifts  to 
be  accepted  by  our  officials  but  usually  they  pass  into  the 
control  of  the  government. 

No  State  shall  enter  into  any  treaty,  alliance,  or  confed- 
eration; grant  letters  of  marque  and  reprisal,  coin  money, 
emit  bills  of  credit;  make  anything  but  gold  and  silver  coin 
a  tender  in  payment  of  debts;  pass  any  bill  of  attainder, 
ex  post  facto  law,  or  law  impairing  the  obligation  of  con- 
tracts, or  grant  any  title  of  nobility. 


POWERS  DENIED  UNITED  STATES     211 

It  is  obvious  that  the  power  to  enter  into  treaties,  al-  The  states 
liances,  and  confederations  or  to  grant  letters  of  marque 
and  reprisal  should  be  confined  to  the  general  government 
alone.  Otherwise,  there  would  be  constant  danger  that 
the  individual  States  might  enter  into  alliances  or  grant 
privileges  which  would  tend  to  destroy  the  Union.  Con- 
gress had  already  been  given  the  power  to  coin  money 
and  regulate  its  value.  Hopeless  confusion  must  ensue 
were  the  States  to  be  given  like  powers.  During  the  colo- 
nial and  revolutionary  periods  there  were  many  notable 
examples  of  the  evils  which  always  followed  the  issue,  by 
the  States,  of  paper  money  designed  to  circulate  as  a  legal 
tender. 

When  two  or  more  persons  enter  into  a  compact  "to   obligation 
do  or  not  to  do  a  particular  thing"  which  is  legally  bind-   contracts. 
ing  upon  them,  no  State  may,  in  any  way,  modify  this 
agreement.     This  interpretation  was  established  by  the 
decision  in  the  celebrated  Dartmouth  College  case.* 

No  State  shall,  without  the  consent  of  the  Congress,  lay  Section  lo, 

...  ,  clause  2. 

any   imposts   or  duties  on  imports  or  exports  except  what  Condi- 

may  he  absolutely  necessary  for  executing  its  inspection  laws;  hibitions 

and  the  net  produce  of  all  duties  and  imposts  laid  by  any  States. 
State  on  imports  or  exports,   shall  be  for  the  use  of  the 
Treasury  of  the  United  States;  and  all  such  laws  shall  be 
subject  to  the  revision  and  control  of  the  Congress. 

No  State  shall,  without  the  consent  of  Congress,  lay  any  Section  lo, 

duty  of  tonnage,  keep  troops  or  ships  of  war  in  time  of  othlrcon- 

peace,  enter  into  any  agreement  or  compact  with  another  prohibi- 

o.    .  -.7  /•        •  •  7  tionsonthe 

State  or  with  a  foreign  power,  or  engage  m  war,  unless   states. 
actually  invaded  or  in  such  imminent  danger  as  will  not 
admit  of  delay. 

Were  the  States  given  power  to  lay  tonnage  dues  (a  tax 
on  ships  by  the  ton  according  to  their  carrying  capacity), 

*  See  MagTuder,  John  Marshall,  American  Statesman  Series,  190-193; 
American  History,  p.  286. 


212     POWERS  DENIED  UNITED  STATES 

it  would  interfere  with  the  regulation  of  commerce  by 
Congress.  No  justification  for  the  remaining  prohibitions 
is  needed,  for  if  these  powers  were  possessed  by  the  States 
the  Union  might  quickly  be  destroyed. 


CHAPTER  XXII 

THE  EXECUTIVE  DEPARTMENT 
Nomination  of  President  and  Vice-President 

The  great  weakness  of  the  government  under  the  The 
Confederation  grew  out  of  the  fact  that  there  existed  no 
adequate  executive.  The  desire  to  remedy  this  defect 
was  general  and  all  of  the  plans  submitted  in  the  Con- 
stitutional Convention  made  provision  for  an  executive. 
There  was  no  agreement,  at  first,  as  to  whether  the  exec- 
utive power  should  be  vested  in  one  person  or  more  than 
one.  The  fear  of  a  monarch  was  deep-seated  in  the  minds 
of  the  people.  Finally,  the  desire  to  secure  energy  in  the 
execution  of  governmental  affairs  and  responsibility  led  to 
the  determination  to  provide  for  a  single  executive. 

It  was  proposed  in  the  draft  submitted  by  Mr.  Pinck-  Title  and 

11  •  1111  i*T-»'       length  of 

ney,  that  the  executive  power  should  be  vested  in  a  Presi-  term  of  the 
dent  of  the  United  States  of  America  who  should  have  the 
title,  "His  Excellency."*  The  term  President  was  in 
common  usage ;  Congress  had  called  its  chief  officer  Presi- 
dent, and  the  chief  magistrates  in  some  of  the  States  bore 
the  same  name.  INIuch  discussion  was  aroused  over  the 
question  of  the  proper  duration  of  the  term  of  office. 
Hamilton  and  Madison  favored  a  continuance  in  office 
during  good  behavior.     A  term  of  three  years  and  one  of 

*  The  proposition  was  made,  in  Congress,  soon  after  the  government 
went  into  operation,  that  some  more  dignified  title  should  be  applied  to 
the  President.  "  His  Highness,  the  President  of  the  United  States  and 
Protector  of  their  Liberties,"  "  His  Patriotic  Majesiy,"  "  His  High 
Mightiness,"  and  other  aristocratic  titles  were  suggested.  But  an  agree- 
ment was  reached  that  he  should  be  addressed  in  official  documents  as  the 
"President  of  the  United  States." 

213 


214        THE  EXECUTIVE  DEPARTMENT 


Article  II, 
section  1, 
clause  1. 


Method  of 
election. 


seven  years  were  also  recommended  during  the  early  days 
of  the  Convention.  The  proposition  to  choose  the  Execu- 
tive for  seven  years  was  at  first  carried  by  a  majority  of 
only  one  vote;  but  when  the  clause,  "to  be  chosen  by  the 
National  Legislature,"  was  added,  eight  States  agreed  to 
it.  That  the  President  should  not  be  eligible  for  re- 
election was  determined  by  the  same  number  of  votes. 
So  the  clause  stood  in  the  first  draft  of  the  Constitution. 
Toward  the  close  of  the  Convention,  upon  recommenda- 
tion of  a  committee  that  the  method  of  election  previously 
agreed  to  should  be  changed,  the  length  of  term  was 
fixed  at  four  years.  It  was  then  declared,  too,  that  by 
this  change  the  President  might  be  elected  for  more  than 
a  single  term.     So  the  clause  finally  read: 

The  executive  power  shall  be  vested  in  a  President  of  the 
United  States  of  America.  He  shall  hold  his  office  during 
the  term  of  four  years,  and,  together  with  the  Vice-President, 
chosen  for  the  same  term,  be  elected  as  follotvs: 

No  problem  in  the  Constitutional  Convention  was  more 
difficult  of  solution  than  that  of  determining  the  method 
by  which  the  President  was  to  be  chosen,  and  it  is  said  to 
have  occupied  one-seventh  of  the  entire  time  of  the  Con- 
vention. Many  plans  were  proposed.  Among  them  were 
those  which  provided  for  the  selection  by  Congress;  by 
the  people;  and  by  Electors  who  should  be  appointed  as 
the  State  legislatures  might  direct.  The  method  most  in 
favor  for  a  considerable  time  proposed  that  the  President 
should  be  chosen  by  Congress.  The  argument  which  led 
to  a  reversal  of  the  decision  toward  the  end  of  the  Con- 
vention was  that  the  President  would  be  liable  to  become 
a  tool  in  the  hands  of  the  dominant  party  in  Congress. 
This  desire  to  escape  any  official  influence  led  to  the  adop- 
tion of  the  clause  that:  "No  Senator  or  Representative, 
or  person  holding  a  position  of  trust  or  profit  under  the 
United  States,  shall  be  appointed  an  Elector."    There  was 


THE  EXECUTIVE  DEPARTMENT        215 

general  distrust  of  the  method  of  election  by  the  people 
because  of  the  "tumult  and  disorder"  which  it  was  be- 
lieved would  be  the  accompaniment  of  such  an  important 
choice.  Then,  too,  the  belief  was  general  in  the  Con- 
vention that  the  people  would  not  be  sufficiently  well  in- 
formed concerning  the  qualifications  of  men  who  were 
suitable  for  the  Presidency. 

The  Convention  at  last  decided  in  favor  of  giving  the 
selection  of  the  President  and  the  Vice-President  into  the 
hands  of  independent  Electors,  whose  appointment  was 
provided  for  as  follows: 

Each  State  shall  appoint,  in  such  manner  as  the  legislat-  Section  i. 
ure  thereof  may  direct,  a  number  of  Electors  equal  to  the   Appoint- 
whole  number  of  Senators  and  Representatives  to  which  the  Electors. 
State  may  be  entitled  in  the  Congress;   but  no  Senator  or 
Representative,  or  person  holding  an  office  of  trust  or  profit 
under  the  United  States,  shall  be  appointed  an  Elector. 

Many  different  methods  of  choosing  Electors  have  been 
used.  The  favorite  at  first  was  that  each  State  legislature 
chose  the  Electors  for  its  State.  South  Carolina  used  this 
method  until  1868.  The  district  method  has  also  been 
used,  by  which  an  Elector  is  chosen  in  each  of  the  Con- 
gressional districts  and  two  for  the  State  at  large.  This 
method,  which  most  nearly  expresses  the  wishes  of  the 
people,  has  been  used  but  once  since  1832.*  At  the 
present  time,  the  Electors  are  elected  in  each  State  on  a 
general  ticket  by  direct  vote.  Each  political  party  nom- 
inates a  "number  of  Electors  equal  to  the  whole  number 
of  Senators  and  Representatives  to  which  the  State  may 
be  entitled  in  Congress." 

The  nominations  of  candidates  for  the  office  of  Elector 

*  In  1892  Michigan  chose  her  Electors  by  districts.  A  test  case  was 
brought  before  the  United  States  Supreme  Court  on  the  ground  of  un- 
constitutionality. It  was  decided  that  the  Legislature  had  acted  withia 
its  powers,  but  two  years  later  the  law  was  repealed. 


216        THE  EXECUTIVE  DEPARTMENT 


Nomina- 
tion of  can- 
didates  for 
President 
and  Vice- 
President. 


The 

National 
Conven- 
tions. 


are  usually  made  at  the  State  Conventions  of  the  different 
parties  when  they  nominate  State  tickets.  These  occur 
usually  in  August  or  September  preceding  the  November 
election.  Each  person  then  votes  for  the  entire  number  of 
Electors  to  which  his  State  is  entitled,  and  will  naturally 
vote  for  all  the  Electors  of  his  party  ticket.  The  political 
party,  therefore,  which  receives  the  majority  of  the  votes 
in  a  State  secures  all  the  Electoral  votes  of  that  State.* 

It  was  originally  intended  that  the  Electors  should  ex- 
ercise the  right  of  free  choice,  but  on  account  of  the  growth 
of  the  power  of  political  parties  they  do  not.  They  are 
pledged  to  vote  for  candidates  already  nominated  in  party 
conventions.  So  we  know  the  day  following  the  election 
who  is  to  be  the  next  President.  The  framers  of  the  Con- 
stitution did  not  anticipate  such  an  influence  and  con- 
sidered no  plans  for  nominating  candidates.  But  as  this 
has  become  the  real  method  by  which  Presidents  are 
selected,  we  shall  consider  next  the  place  of  National 
Conventions. 

The  National  Conventions  of  both  the  great  parties  are 
made  up  of  twice  as  many  delegates  from  the  different 
States  as  these  States  have  Representatives  and  Senators 
in  Congress.  The  four  delegates  representing  twice  the 
number  of  Senators  are  known  as  delegates-at-large. 
There  are  also  chosen  as  many  alternates  as  delegates. 


*  It  has  sometimes  happened,  however,  when  the  election  in  a  State 
has  been  close  that  one  or  more  of  the  Electors  on  a  minority  ticket  have 
run  ahead  of  the  other  candidates  on  that  ticket  and  have  secured  a 
larger  number  of  votes  than  candidates  on  the  majority  ticket,  thus  ob- 
taining an  election.  California,  in  1892,  gave  one  Electoral  vote  to  Mr. 
Harrison  and  eight  to  Mr.  Cleveland,  and  again,  in  1896,  gave  eight  votes 
to  Mr.  McKinley  and  one  to  Mr.  Bryan.  Kentucky,  in  1896,  cast  twelve 
votes  for  Mr.  McKinley  and  one  for  Mr.  Bryan. 

Instances  have  occurred  in  which  two  weaker  political  parties  have 
combined  in  their  Electoral  ticket  against  a  stronger  party  and  by  such  a 
fusion  have  been  able  to  carry  a  State,  thus  dividing  the  Electoral  votes 
of  that  State  between  them. 


THE  EXECUTIVE  DEPARTMENT        217 

These  delegates  are  chosen  by  Conventions  in  the  different 
States  in  April  or  May  of  the  Presidential  election  year. 
According  to  the  prescribed  method,  in  the  Republican 
party  two  delegates  are  selected  for  each  of  the  Congres- 
sional districts  by  the  district  Conventions  of  each  party 
and  the  four  delegates-at-large  are  chosen  by  the  State 
Conventions.  Delegates  in  the  Democratic  party  may  be 
chosen  in  State  conventions  or  in  district  and  State  Con- 
ventions. The  Republican  party  Convention  also  admits 
to  full  membership  two  delegates  from  each  Territory  and 
one  from  the  District  of  Columbia. 

The  National  Convention  is  held  in  some  leading  city  workof 
during  the  month  of  June  or  July  of  the  year  in  which  National 
a  President  is  to  be  elected.  A  few  days  before  the  day  tion!^^° 
set  for  the  Convention  the  delegates,  together  with  many 
thousands  of  politicians,  newspaper  reporters,  and  sight- 
seers, flock  to  that  city.  Headquarters  are  established  and 
delegations  are  "labored  with"  in  behalf  of  the  different 
candidates.  On  the  day  appointed,  the  Convention  is 
called  to  order  by  the  chairman  of  the  National  commit- 
tee under  whose  auspices  the  Convention  is  to  be  held. 
A  temporary  chairman  is  elected,  clerks  and  secretaries 
are  appointed,  and  rules  for  the  government  of  the  Con- 
vention are  adopted.  Committees  are  then  made  up,  the 
most  important  being  those  on  credentials,  which  decides 
the  questions  of  contested  seats;  on  permanent  organiza- 
tion, and  on  resolutions,  and  the  Convention  adjourns 
to  await  their  reports.  In  the  next  session,  a  permanent 
chairman,  secretary,  and  other  officers  are  selected.  On 
the  same  day  or  the  next  the  report  of  the  committee 
on  resolutions,  which  sets  forth  the  platform  embodying 
party  doctrines  and  principles,  is  given. 

Usually  on  the  third  or  fourth  day  the  nominations  are 
made.  The  roll  of  States  is  called  and  the  names  of  the 
various  favorites  are  placed  before  the  Convention  as  their 


218        THE  EXECUTI\1E  DEPARTMENT 

home  States  are  reached.  A  State  sometimes  waives  its 
privilege  in  behalf  of  some  other  State  which  has  a  candi- 
date to  present.  Again,  the  clerk  calls  the  roll  of  the 
States  and  each  chairman  of  a  delegation  announces  the 
votes  from  his  State.  In  the  Democratic  party  the  ma- 
jority vote  of  the  delegates  from  a  State  determines  how 
the  whole  vote  of  that  State  must  be  cast.  When  Repub- 
lican delegates  are  not  instructed  each  may  vote  as  he 
pleases.  In  the  Republican  Convention,  a  majority  of  the 
number  of  delegates  voting  is  sufficient  for  nomination. 
No  nomination  is  possible  in  the  Democratic  Convention 
except  by  the  vote  of  two-thirds  of  the  delegates  voting. 
Then  follows  the  selection  of  a  candidate  for  Vice- 
President.  In  this  choice  the  attempt  is  made  to  secure 
some  man  who  will  add  strength  to  the  party  and  who 
comes  from  a  different  section  of  the  country  from  that 
represented  by  the  candidate  for  the  Presidency.  He  may, 
as  in  the  cases  of  Tyler  and  Johnson,  represent  a  faction 
of  the  party  that  is  not  in  entire  agreement  with  the 
majority. 
The  A  National  Committee  is  also  appointed,  made  up  of 

Com-  one  member  from  each  State,  nominated  by  the  State  dele- 

gation. This  committee  is  elected  before  the  nominations 
have  been  made.  The  wishes  of  the  nominee  prevail 
in  the  choice  of  the  chairman.  The  committee  occupies 
a  position  of  great  importance,  for  by  it  the  platform 
of  the  party  is  largely  determined.  We  have  here  a  body 
of  men  not  mentioned  by  the  Constitution  but  exerting 
vastly  greater  influence  upon  the  election  of  President 
than  does  the  Electoral  College  itself.  The  campaign  is 
organized  by  this  committee.  Money  is  secured,  speakers 
are  selected,  and  party  literature  is  sent  out  by  it.  The 
committee  looks  after  the  interests  of  the  party  during  the 
ensuing  four  years  and  issues  the  call  for  the  next  Na- 
tional Convention. 


mittee. 


THE  EXECUTIVE  DEPARTMENT        219 

Some  idea  of  the  extent  of  the  National  Committee's  power  Campaign 
may  be  gathered  when  we  consider  the  size  of  the  campaign  fund  '"n''- 
intrusted  to  its  care.  It  is  said  that  the  whole  cost  of  conduct- 
ing the  campaign  in  which  Mr.  Lincoln  was  elected  for  the  second 
time  amounted  to  S100,000.  The  amount  of  money  spent  by 
each  of  the  two  National  Committees  in  1900  is  estimated  at 
$5,000,000.  A  large  proportion  of  this  sum  was  expended  in 
the  establishment  of  National  Committee  head-quarters,  in  the 
publication  and  distribution  of  campaign  literature,  and  in  meet- 
ing the  expenses  of  speakers.  Two  significant  reforms  were  in- 
troduced in  the  election  of  190S.  (1)  By  an  act  of  1907,  Congress 
forbade  corporations  to  make  contributions  to  campaign  funds 
in  Federal  elections.  (2)  The  Democratic  platform  demanded 
publicity  in  campaign  expenses  and  Mr.  Taft,  as  the  Republican 
candidate,  announced  that  all  contributions  would  be  made  public 
after  the  election. 

Like  the  development  of  other  political  usages,  the  method  of  Early 
nominating  a  President  passed  through  several  stages  before  the  ^''^'inat- 
present  plan  of  nominating  conventions  was  reached.  No  nomi-  ing. 
nations  were  made  in  the  first  two  Presidential  elections  and 
Washington  was  elected  as  pro\aded  for  by  the  Constitution.  In 
1796,  Washington  having  refused  to  be  a  candidate  for  a  third 
term,  party  managers  in  Congress  agreed  informally  on  Adams 
and  Jefferson  as  the  candidates  of  the  Federalist  and  the  Repub- 
lican parties.  A  caucus  of  Federahst  Congressmen,  in  1800, 
nominated  Adams  and  Pinekney,  and  a  caucus  of  Republican 
Congressmen  nominated  Jefferson  and  Burr  for  the  offices  of 
President  and  Vice-President.  The  Republican  members  of 
Congress  continued  to  hold  a  regular  caucus  and  thus  direct  the 
votes  of  the  party  Electors  until  1824.  In  that  year  William 
H.  Crawford,  the  last  Congressional  nominee,  was  defeated. 
There  was  opposition  to  the  Congressional  caucus  from  the  be- 
ginning, for  such  a  method  was  regarded  as  imdemocratic.  In 
1824  and  1828,  the  several  State  legislatures  put  forward  their 
favorites  for  the  office  of  President. 

The  National   Nominating  Convention,   as  we    know  Nomina- 
it,  was  used  for  the  first  time  by  the  Anti-Masonic  party  National 
which  selected  William  Wirt  for  its  candidate  in   1831.   tionl.^'^* 
This  method  was  followed  in  the  same  year  by  the  National 
Republican  party  which  nominated   Henry  Clay.     The 


220        THE  EXECUTIVE  DEPARTMENT 

National  Convention  of  the  Democratic  party  in  1832 
nominated  Andrew  Jackson,  who  had  already  been  nomi- 
nated by  many  local  Conventions  and  State  legislatures. 
Many  years  elapsed  before  the  present  complex  organi- 
zation was  reached,  but  since  1836,  with  the  single  ex- 
ception of  the  Whig*  party  in  that  year,  parties  have  re- 
garded the  National  Convention  as  an  essential  factor  in 
electing  President  and  Vice-President. 

Supplementary  Questions  and  References 

1.  July  9,  1789,  the  Constitutional  Convention,  by  a  vote  of 
9  to  1,  fixed  on  a  term  of  six  years  for  the  President  with  no 
re-election.  Would  this  be  a  desirable  change  at  present? 
Presidential  Elections  Paralyzing  to  Business,  Forum,  22  : 
563-570. 

2.  Why  was  it  thought  best  to  make  the  President  eligible  to 
re-election  for  more  than  one  term?  Madison,  Journal  of  the 
Constitutional  Convention,  369;   The  Federalist,  No.  72. 

3.  ^Vhat  led  to  the  understanding  that  a  President  was  to  be 
elected  for  only  two  terms  ?  Is  there  good  reason  for  holding  to 
this  tradition?  McMaster,The  Third  Term  Tradition,  Forum, 
20  :  257-265;  Eaton,  The  Perils  of  Re-electing  Presidents,  N. 
Am.  Rev.,  154  :  691-704. 

4.  What  Presidents  have  served  two  terms?  How  was  their 
election  for  a  second  term  to  be  accounted  for  ?  See  American 
History. 

5.  The  method  of  calling  National  political  conventions. 
When  held?  Questions  considered?  Make  a  study  of  the  last 
conventions.  Thurston,  How  Presidents  are  Nominated,  Cos- 
mop.,  29  :  194-200;  Maurice  Low,  How  a  President  is  Elected, 
Scrlbner's  Mag.,  27  :  643-656;  Republican  Convention,  1908, 
Rev.  of  R's,  38  :  8,  9;  Democratic  Convention,  1809,  Rev.  of 
R's,  38  :  178-184. 

6.  What  is  a  "dark  horse"  in  a  National  Convention?  Give 
instances  in  our  history. 

7.  Under  what  conditions  was  the  first  platform  of  a  National 
Convention  agreed  upon  ?     Wilson,  Division  and  Reunion,  63. 


THE  EXECUTIVE  DEPARTMENT        221 

8.  Compare  the  chief  planks  given  in  the  various  party  plat- 
forms of  the  last  Presidential  election.  Do  the  successful  parties 
generally  fulfil  the  pledges  of  their  platforms? 

9.  For  the  work  of  the  National  Committee,  see  Rev.  of  R's, 
22  :  549-563. 

10.  What  was  the  probable  origin  of  the  system  of  electing  a 
President  by  Electors  ?  Fiske,  Critical  Period  of  American  His- 
tory, 66  :  280-289. 

11.  For  the  methods  which  have  been  used  in  electing  a  Presi- 
dent, see  N.  Am.  Rev.,  171  :  273-280. 

12.  How  was  the  method  of  electing  the  President  by  inde- 
pendent Electors  regarded  at  the  time  of  the  adoption  of  the  Con- 
stitution ?     The  Federalist,  No.  68. 

13.  Should  Electors  for  President  and  Vice-President  be  elected 
by  the  vote  of  Congressional  districts  with  two  at  large  for  each 
State  instead  of  upon  a  general  ticket?  Forum,  12  :  702-713; 
N.  Am.  Rev.,  154  :  439-446;  The  Federalist,  No.  68;  Bancroft, 
History  of  the  United  States,  VI,  328-340. 

14.  Should  the  President  be  elected  by  direct  popular  vote? 
Indept,  68  :  191-194;  Outlook,  90  :  299-303;  776-777;  N. 
Am.  Rev.,  171  :  273-288  ;  Schouler,  Grave  Dangers  in  Our 
Presidential  Electoral  System,  Forum,  18  :  532-536;  Carlisle, 
Dangerous  Defects  in  Our  Electoral  System,  Forum,  24  :  257- 
266;  651-659;  Scribner's  Mag.,  27  :  643-656. 

15.  For  campaign  expenses,  1908,  see  Rev.  of  R's,  38  :  139; 
432^38. 


CHAPTER  XXIII 


Function 
of  the 
Electors. 


Amend- 
ment XII. 


THE  ELECTION  OF  A  PRESIDENT 

Having  considered  the  method  by  which  a  President  is 
nominated  and  that  by  which  the  Electors  are  chosen,  we 
are  now  prepared  to  discuss  the  way  in  which  the  Electors 
choose  a  President,  for  the  steps  prescribed  by  the  Con- 
stitution must  still  be  followed,  although  the  election  has 
been  practically  decided  by  popular  vote.  The  function 
of  the  Electors  is  given  in  Article  XII  of  the  Amendments. 

The  Electors  shall  meet  in  their  respective  States  and  vote 
by  ballot  for  President  and  Vice-President,  one  of  whom,  at 
least,  shall  not  be  an  inhabitant  of  the  same  State  with  them- 
selves; they  shall  name  in  their  ballots  the  person  voted  for 
as  President,  and  in  distinct  ballots  the  person  voted  for  as 
Vice-President;  and  they  shall  Tnake  distinct  lists  of  all 
persons  voted  for  as  President,  and  of  all  persons  voted  for 
as  Vice-President,  and  of  the  number  of  votes  for  each, 
which  lists  they  shall  sign,  and  certify,  and  transmit,  sealed, 
to  the  seat  of  government  of  the  United  States,  directed  to  the 
President  of  the  Senate; — the  President  of  the  Senate  shall, 
in  the  presence  of  the  Senate  and  House  of  Representatives, 
open  all  the  certificates,  and  the  votes  shall  then  be  counted; — 
the  person  having  the  greatest  number  of  votes  for  President 
shall  be  the  President,  if  such  number  be  a  Tnajority  of  the 
whole  number  of  Electors  appointed;  and  if  no  person  liave 
such  majority,  then,  from  the  persons  having  the  highest 
numbers,  not  exceeding  three,  on  the  list  of  those  voted  for 
as  President,  the  House  of  Representatives  shall  choose 
immediately,  by  ballot,  the  President.  But  in  choosing  the 
President,  the  votes  shall  be  taken  by  States,  the  representa- 
tion from  each  State  having  one  vote;   a  quorum  for  this 

222 


THE  ELECTION  OF  A  PRESIDENT     223 

purpose  shall  consist  of  a  member  or  members  from  two- 
thirds  of  the  States,  and  a  majority  of  all  the  States  shall  be 
necessary  to  a  choice.  And  if  the  House  of  Representatives 
shall  not  choose  a  President,  whenever  the  right  to  choose 
shall  devolve  upon  them,  before  the  fourth  day  of  March 
next  following,  then  the  Vice-President  shall  act  as  Presi- 
dent, as  in  the  case  of  the  death  or  other  constitutional 
disability  of  the  President. — The  person  having  the  greatest 
number  of  votes  as  Vice-President  shall  be  the  Vice-President, 
if  such  number  be  a  majority  of  the  whole  number  of  Electors 
appointed;  and  if  no  person  have  a  majority,  then,  from 
the  two  highest  numbers  on  the  list,  the  Senate  shall  choose 
the  Vice-President;  a  quorum  for  the  purpose  shall  consist 
of  two-thirds  of  the  whole  number  of  Senators,  and  a  ma- 
jority of  the  whole  number  shall  be  necessary  to  a  choice. 
Bui  no  person  constitutionally  ineligible  to  the  office  of 
President  shall  be  eligible  to  that  of  Vice-President  of  the 
United  States. 
The  Electoral  Colleges,  made  up  of  the  Electors  in  the  Meeting  of 

the 

several  States,  are  all  required  to  meet  on  the  second  Electoral 
Monday  in  January.  Each  Electoral  College  must  meet 
in  its  own  State,  usually  at  the  State  capital.  After  the 
Electors  have  voted  for  President  and  Vice-President 
separately,  three  lists  are  made  of  all  the  persons  voted 
for  as  President  and  as  Vice-President  and  the  number 
of  votes  for  each.  These  lists  are  then  certified  to,  signed 
by  the  Electors,  and  sealed.  One  of  the  lists  is  carried 
by  a  special  messenger  to  the  President  of  the  Senate  at 
Washington;  another  is  sent  by  mail  to-  the  same  officer, 
and  the  third  is  deposited  with  the  United  States  District 
Court  Judge  of  the  district  in  which  the  Electoral  College 
meets.* 

*  If  neither  of  the  other  lists  has  been  received  by  the  President  of 
the  Senate  by  the  fourth  Monday  in  January  following  the  election,  he 
may  send  a  special  messenger  to  obtain  the  list  deposited  with  the  District 
Judge. 


224     THE  ELECTION  OF  A  PRESIDENT 


Counting 
the 

Electoral 
votes. 


Amending 
the  Con- 
stitution 
by  usage. 


Election  of 
a  President 
by  the 
House  of 
Represen- 
tatives. 


These  votes  are  opened  by  the  President  of  the  Senate 
in  the  presence  of  the  Senate  and  the  House  of  Represen- 
tatives on  the  second  Wednesday  in  February,  and  the 
votes  are  counted.  The  person  having  a  majority  of  all 
the  Electoral  votes  cast  for  President  is  declared  to  be 
duly  elected  President  of  the  United  States,  and  the  per- 
son who  has  a  majority  of  the  Electoral  votes  cast  for  Vice- 
President  is  declared  duly  elected  Vice-President  of  the 
United  States,  Contrary  to  the  expectation  of  the  Con- 
stitutional Convention,  the  votes  cast  by  the  Electors 
since  1800  have  been  merely  a  form  of  registering  the 
popular  verdict.  While  there  is  no  law  which  pre- 
vents an  Elector  from  voting  for  candidates  other  than 
those  on  his  ticket,  still  the  custom  of  voting  only  for 
his  own  party  candidates  has  become  as  binding  as  any 
statute.* 

Thus,  in  the  election  of  a  President,  we  have  an  excellent  illus- 
tration of  what  has  been  styled  "  Amending  the  Constitution  bj' 
usage."  "The  difference  between  the  actual  and  the  Constitu- 
tional modes  is  the  difference  between  an  ideal  non-partisan 
choice  and  a  choice  made  under  party  whips;  the  difference  be- 
tween a  choice  made  by  independent  unpledged  Electors  acting 
apart  in  the  States  and  a  choice  made  by  a  National  party  Con- 
vention."f 

If  none  of  the  candidates  receives  a  majority  of  the 
Electoral  votes,  the  House  of  Representatives  must  pro- 
ceed immediately  to  choose  a  President  from  the  three 
candidates  having  the  highest  number  of  Electoral  votes. 

*  The  most  notable  exception  was  in  the  election  of  1872,  when  sixty- 
six  Electors  were  pledged  to  vote  for  Horace  Greeley  for  President.  Mr. 
Greeley  died  before  the  meeting  of  the  Electoral  Colleges.  When  they 
met,  the  votes  of  the  Electors  were  divided  between  two  prominent  Dem- 
ocrats, with  the  exception  of  those  of  three  Electors  who  still  insisted  in 
carrying  out  instructions  by  casting  their  ballots  for  Mr.  Greeley.  The 
question  arises,  What  would  have  been  the  solution  of  the  problem  were 
a  majority  pledged  to  vote  for  him? 

t  Wilson,  Congressional  Government,  243,  244. 


ice- 
President. 


THE  ELECTION  OF  A  PRESIDENT     225 

In  1825  the  House  was  called  upon  to  choose  a  Presi- 
dent from  the  three  highest  candidates;  Andrew  Jack- 
son, John  Quincy  Adams,  and  William  H.  Crawford. 
Mr.  Adams  was  chosen  President,  having  received  the 
votes  of  thirteen  out  of  twenty-four  States,  although  he 
had  fewer  Electoral  votes  and  fewer  popular  votes  than 
Mr.  Jackson. 

The  Xllth  Amendment  provides  that  if  a  President  The  Vi 
is  not  chosen  by  the  House  of  Representatives  "when- 
ever the  right  of  choice  shall  devolve  upon  them  before 
the  fourth  day  of  March  next  following,  then  the  Vice- 
President  shall  act  as  President,"  as  in  the  case  of  the 
death,  resignation,  or  removal  of  the  President.  There 
has  been  no  such  case  in  our  history.  It  is  also  pro- 
vided that  if  no  person  have  a  majority  of  the  Electoral 
votes  for  Vice-President  the  Senate  shall  choose  the 
Vice-President  from  the  two  candidates  having  the  highest 
numbers  on  the  lists.  The  one  instance  of  the  election  of 
a  Vice-President  in  this  way  occurred  in  1837,  when  the 
Senate  elected  Richard  M.  Johnson,  who  had  already  re- 
ceived the  highest  Electoral  vote. 

The  framers  of  the  Constitution  did  not  consider  the  Disputed 
question  of  appointing  a  tribunal  to  whom  might  be  re- 
ferred the  returns  of  a  State  when  in  dispute,  or  to  decide 
between  two  conflicting  returns  from  two  sets  of  Electors. 
By  a  joint  rule  adopted  in  1865,  the  vote  of  any  State, 
where  there  was  objection  made,  was  not  to  be  counted 
except  by  agreement  of  both  Houses  of  Congress,  The 
votes  of  two  States  were  rejected  under  this  rule  in  1873. 
On  both  dates  the  Senate  and  the  House  were  under  the 
control  of  the  same  political  party.* 

The  wisdom  of  having  uniform  days  when  the  Electors 
are  to  be  chosen  and  when  they  must  give  their  votes  is 
almost  self-evident.     So  the  Constitution  provides: 

*  For  the  Electoral  Commission,  1876,  see  American  History,  p.  448. 


returns. 


226     THE  ELECTION  OF  A  PRESIDENT 


Article  II, 
section  1, 
clause  3. 


Times  of 
election 
and  voting. 


Section  1, 
clause  2. 
The 
original 
method  of 
choosing 
the 
President. 


The  Congress  may  determine  the  time  of  choosing  the 
Electors,  and  the  day  on  which  they  shall  give  their  votes; 
which  day  shall  be  the  same  throughout  the  United  States. 

By  such  a  provision,  there  is  less  opportunity  for  po- 
litical intrigue  and  combination.  The  day  on  which  the 
Electors  were  to  be  chosen  was  changed  from  time  to  time 
until  1845,  when  Congress  enacted  that  the  day  should 
be  the  same  throughout  the  United  States.  They  selected 
the  first  Tuesday  after  the  first  ISIonday  in  November  of 
the  years  exactly  divisible  by  four.  In  nearly  all  of  the 
States  this  is  also  the  day  for  the  election  of  State  officers 
and  is  known  as  general  election  day.  As  already  indi- 
cated, the  second  Monday  in  January  is  now  the  day  on 
which  all  the  Electoral  Colleges  are  required  to  cast  their 
votes.  The  President  of  the  Senate  sends  for  the  missing 
returns  on  the  fourth  Monday  in  January.  The  certifi- 
cates are  opened  and  the  votes  are  counted  on  the  second 
"Wednesday  of  February. 

The  first  three  Presidents  were  chosen  by  the  method 
given  in  the  original  clause. 

"  The  Electors  shall  meet  in  their  respective  States,  and 
vote  by  ballot  for  two  persons,  of  whom  one,  at  least,  shall 
not  be  an  inhabitant  of  the  same  State  with  themselves. 
And  they  shall  make  a  list  of  all  the  persons  voted  for,  and 
of  the  number  of  votes  for  each;  which  list  they  sign  and 
certify,  and  transmit,  sealed,  to  the  seat  of  the  Government 
of  the  United  States,  directed  to  the  President  of  the  Senate. 
The  President  of  the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  certifi- 
cates, and  the  votes  shall  then  be  coimted.  The  person  hav- 
ing the  greatest  number  of  votes  shall  be  the  President,  if 
such  number  be  a  majority  of  the  whole  number  of  Electors 
appointed;  and  if  there  be  more  than  one  who  have  such 
a  majority,  and  have  an  equal  number  of  votes,  then  the 
House  of  Representatives  shall  immediately  choose,  by  ballot. 


THE  ELECTION  OF  A  PRESIDENT     227 

one  of  them  for  President;  and  if  no  person  have  a  major- 
ity, then,  from  the  five  highest  on  the  list,  the  said  House 
shall,  in  like  manner,  choose  the  President.  But  in  choos- 
ing the  President,  the  votes  shall  be  taken  by  States,  the 
representation  from  each  State  having  one  vote;  a  quorum 
for  this  purpose  shall  consist  of  a  member  or  members  from 
two-thirds  of  the  States,  and  a  majority  of  all  the  States 
be  necessary  to  a  choice.  In  every  case,  after  the  choice 
of  the  President,  the  person  having  the  greatest  number 
of  votes  of  the  Electors  shall  be  the  Vice-President  But  if 
there  should  remain  two  or  more  who  have  equal  votes  the 
Senate  shall  choose  from  them,  by  ballot,  the  Vice-President. 

According  to  this  clause  it  will  be  noted  that  the  Electors 
voted  for  two  persons  without  stating  which  was  to  be  President 
and  which  Vice-President.  In  the  official  count  the  candidate 
receiving  the  highest  number  of  votes,  pro\ided  it  was  a  majority 
of  the  whole  number  of  Electoral  votes,  became  President  and 
the  one  receiving  the  next  highest  became  Vice-President. 

Accordingly,  in  the  election  of  1796,  John  Adams,  who  received  Election  of 
the.  highest  number,  71,  out  of  132  Electoral  votes,  was  elected  ^'^^• 
President,  and  Thomas  Jefferson  became  Vice-President,  having 
received  68  votes  or  the  next  highest  number.  Evidently  this 
was  a  weakness  in  the  system  of  election  which  had  not  occurred 
to  the  makers  of  the  Constitution.  By  it,  the  President  and 
Vice-President  might  be  of  different  political  parties. 

The  election  of  1800  showed  the  plan  to  be  impracticable  in  Election  of 
another  way.*  The  election  went  to  the  House  of  Representa-  ^*'^'^- 
tives,  where,  on  the  thirty-sixth  ballot,  Mr.  Jefferson  received 
the  votes  of  ten  States  out  of  sixteen  and  was  elected.  For 
seven  days  the  House  had  been  in  continuous  session  and  the 
country  was  in  such  a  state  of  excitement  that  there  was  danger 
of  civil  war.  In  order  to  prevent  a  recurrence  of  the  conditions 
which  obtained  in  1796  or  of  the  dangers  incident  to  a  contest 
like  that  of  ISOO.  the  twelfth  Amendment  was  proposed  by  Con- 
gress and  after  ratification  was  declared  in  force,  September  25, 
1804.  This  provides,  as  already  seen,  that  the  Electoral  votes 
must  be  cast  separately  for  President  and  for  Vice-President. 

*  See  American  History,  p.  237. 


228     THE  ELECTION  OF  A  PRESIDENT 


Minority 
Presidents, 


Section  1, 
clause  4. 
Qualifica- 
tions for 
President 
and  Vice- 
President. 


Section  1, 
clause  5. 
Vacancies. 


In  ten  Presidential  elections,  while  the  successful  candidate 
has  received  a  majority  of  the  Electoral  votes,  he  has  failed  to 
receive  a  majority  of  the  popular  votes  and  is  known  as  a  minor- 
ity President.  Such  a  condition  has  happened  so  frequently 
that  suggestions  have  been  made  looking  toward  the  abolish- 
ment of  the  system  of  Electoral  Colleges  by  amending  the  Con- 
stitution in  such  a  manner  as  to  provide  for  election  by  a  direct 
popular  vote. 

The  qualifications  for  the  two  oflBces  are  naturally  the 
same. 

No  person,  except  a  natural-born  citizen,  or  a  citizen  of 
the  United  States  at  the  time  of  the  adoption  of  this  Consti- 
tution, shall  be  eligible  to  the  office  of  President;  neither 
shall  any  person  be  eligible  to  that  office  who  shall  not  have 
attained  to  the  age  of  thirty-five  years,  and  been  fourteen 
years  a  resident  within  the  United  States. 

Both  officials  must  be  natural-bom  citizens  of  the 
United  States.  The  exception  that  a  person  might  be- 
come President  who  was  a  citizen  of  the  United  States 
at  the  time  of  the  adoption  of  the  Constitution  was  emi- 
nently just.  At  that  time  there  were  many  notable  men, 
among  them  Alexander  Hamilton,  who  though  foreign 
bom  had  rendered  efficient  services  in  the  winning  of  in- 
dependence and  in  the  organization  of  the  government.  It 
would  have  been  an  ungracious  act  were  they  excluded 
from  any  office  in  the  gift  of  the  people.  Residence  abroad, 
as  a  minister  or  other  official  under  the  government,  does 
not  disqualify  a  person  from  becoming  President. 

The  chief  reason  for  creating  the  office  of  Vice-Presi- 
dent seems  to  have  been  to  provide  for  the  emergency 
of  a  vacancy  in  the  Presidency. 

In  case  of  the  removal  of  the  President  from  office  or  of 
his  death,  resignation,  or  inability  to  discharge  the  powers 
and  duties  of  the  said  office,  the  same  shall  devolve  on  the 
Vice-President,  and  the  Congress  may  by  laiv  provide  for 
the  case  of  removal,  death,  resignation,  or  inability  both  of 


THE  ELECTION  OF  A  PRESIDENT     229 

the  President  and  Vice-President,  declaring  what  officer 
shall  then  act  as  President,  and  such  officer  shall  act  ac- 
cordingli/,  vntil  the  disability  be  removed,  or  a  President 
shall  be  elected. 

Bv  an  act  of  1886,  Congress  provided  that  the  Presi-  Presidential 
dential  succession  should  be  in  the  following  order:  the  established 
Secretary  of  State,  the  Secretary  of  the  Treasury,  the 
Secretary  of  War,  the  Attorney-General,  the  Postmaster- 
General,  the  Secretary  of  the  Navy,  and  the  Secretary  of 
the  Interior.  When  the  Secretary  of  Agriculture  was 
made  a  member  of  the  Cabinet,  in  1889,  his  name  was 
added  to  this  list.  In  case  a  Cabinet  officer  becomes 
President,  he  holds  the  office  for  the  unexpired  term. 

The  President  shall,  at  stated  times,  receive  for  his  scr-  Se^'^^twn^i. 
vices  a  compensation,  ivhich  shall  neither  be  increased  nor 
diminished  during  the  period  for  which  he  may  have  been 
elected,  and  he  shall  not  receive  within  that  period  any  other 
emolument  from  the  United  States  or  any  of  them. 

Congress  fixed  the  annual  salary  of  the  President  at 
$25,000.  It  remained  the  same  until  the  year  1873  when 
it  was  raised  to  $50,000  and  to  $75,000  in  1909.  The  wis- 
dom of  fixing  his  salary  so  that  it  may  not  be  increased 
or  diminished  during  his  term  of  office  is  apparent. 
Otherwise  he  would  become  a  dependent  upon  the  favor 
of  Congress.  The  custom  has  been  established  that  no 
President  shall  receive  a  gift  from  any  civil  body  such  as 
a  city  council,  a  State  legislature,  or  a  foreign  state.  In 
addition  to  his  salary,  the  President  is  provided  with  an 
"executive  mansion,"  the  "White  House,"  which  Is  fur- 
nished at  the  expense  of  the  government. 

The  salary  of  the  Vice-President  was  fixed  at  $5,000  in   Salary  of 

•'  the  Vice- 

1789.     This  was  changed  several  times  before  1874  when  President. 
it  was  made  $8,000  and  increased  to  $12,000  in  1909. 

The  maintenance  of  the  Executive  branch  of  the  government 
costs  less  than  $350,000  each  year.     This  includes  the  salaries  of 


230     THE  ELECTION  OF  A  PRESIDENT 


Special 
fund  for  the 
President. 


the  President,  of  the  Vice-President,  and  of  the  President's  pri- 
vate secretary  and  clerks;  the  purchase  of  furniture,  carpets, 
fuel;  care  of  greenhouses  and  White  House  grounds;  binding  and 
printing  done  by  order  of  the  President.  The  English  govern- 
ment votes  about  $4,000,000  for  the  annual  use  of  the  royal  house- 
hold. The  Czar  of  Russia  receives  $6,500,000  annually  in  addi- 
tion to  revenues  derived  from  1,000,000  square  miles  of  crown 
domains.  The  President  of  France  receives  $231,600  annually. 
A  private  fund,  known  as  the  "contingent  fund,"  is  provided 
for  our  President  each  year  by  Congress.  This  varies  in  amount, 
$25,000  having  been  appropriated  in  1910,  may  be  expended 
as  the  President  dictates,  and  some  of  the  purposes  for  which  it 
is  used  doubtless  include  special  entertainments  given  by  the 
President  to  noted  foreign  visitors;  and  the  employment  of 
officials  to  carry  on  some  investigation  relative  to  National  affairs 
whose  salaries  have  not  been  otherwise  provided  for  and  whose 
negotiations  should  be  secret. 


One  of  the  most  notable  of  our  civic  festivals  occurs 
on  the  fourth  of  March  of  each  fourth  year,  when  the 
President  and  the  Vice-President  are  formally  invested 
with  their  offices.  Thousands  of  people  go  to  Washing- 
ton to  witness  the  inaugural  exercises.  The  Constitution 
makes  no  further  provision  that  than  the  President  take 
the  oath  of  office  and  enter  upon  his  duties  at  a  prescribed 
time. 

Before  he  enter  on  the  execution  of  his  office  he  shall  take 
the  follouring  oath  or  affirmation: 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 
execute  the  office  of  President  of  the  United  States,  and  will 
to  the  best  of  my  ability  preserve,  protect,  and  defend  the 
Constitution  of  the  United  States." 

It  has  been  established  by  custom  that  the  oath  is  ad- 
ministered by  the  Chief  Justice  of  the  United  States  at 
the  east  front  of  the  Capitol,  but  the  oath  might  be  ad- 
ministered by  any  other  magistrate  having  the  power  of 
administering  oaths.  The  Vice-President  takes  the  oath 
of  office  shortly  before  in  the  presence  of  the  Senate  of 


THE  ELECTION  OF  A  PRESIDENT     231 

the  United  States.  After  taking  the  oath,  the  President 
gives  his  inaugural  address,  which  outlines  the  policy  he 
purposes  to  carry  out  in  the  execution  of  his  duties. 

Supplementary  Questions  and  References 

1.  For  some  of  the  problems  connected  with  the  Electoral 
Colleges  in  the  history  of  elections,  see  Rev.  of  R's,  23  :  66-69. 

2.  What  is  the  method  used  in  counting  the  Electoral  votes? 
Edmund  Alton,  Among  the  Law  Makers,  88-89. 

3.  Do  you  agree  with  Mr.  Bryce  that  the  tendency  is  to  select 
men  for  President  who  have  not  been  prominent?  Bryce,  Ameri- 
can Commonwealth,  I,  chapter  8. 

4.  Was  the  present  President  notable  before  his  election?  In 
what  ways  ? 

5.  What  were  the  chief  causes  for  the  success  of  his  party? 

6.  How  many  Electoral  votes  were  required  for  election  ?  He 
received  how  many  ?  Did  he  receive  a  majority  of  the  popular 
votes  ? 

7.  How  many  Electors  were  there  from  your  State?  For 
whom  did  they  vote  ?  How  is  this  majority  in  your  State  to  be 
accounted  for?     Election  of  1908,  Rev.  of  R's,  39  :  34. 

8.  Would  successful  governors  make  good  candidates  for 
President?  In  what  particulars  do  the  offices  resemble  each 
other?  Would  you  favor  making  the  governor  of  your  State 
President?     Wilson,  Congressional  Government,  253,  254. 

9.  Under  what  conditions  did  Aaron  Burr  become  Vice-Presi- 
dent? Harrison,  This  Country  of  Ours,  82;  Walker,  The  Mak- 
ing of  the  Nation,  185;  Hart,  Formation  of  the  Union,  173. 

10.  Why  was  the  election  of  John  Quincy  Adams  of  especial 
interest?  What  results  followed?  American  History,  p.  290; 
Burgess,  The  Middle  Period,  140-141;  Wilson,  Division  and 
Reunion,  18. 

11.  State  the  chief  points  connected  with  the  "disputed  elec- 
tion" of  1876.  American  History,  p.  448;  Wilson,  Division  and 
Reunion,  283-286;  Johnston,  American  Politics,  233-237. 

12.  What  is  the  meaning  and  significance  of  "amendment  by 
usage"?     Can  you  give  other  examples  of  amendment  in  this 


232     THE  ELECTION  OF  A  PRESIDENT 

way?     Bryce,  American  Commonwealth,  I,  chapter  34;  Wilson, 
Congressional  Government,  250. 

13.  Why  was  the  "defence  fund"  of  $50,000,000  necessary? 
Forum,  25  :  267-275. 

14.  Interesting  accounts   of  inaugural   incidents  and  person- 


ages: 


a.  Inauguration  Scenes  and  Incidents,  Cent.  Mag.,    35  : 

733-740. 
h.  Davis,  The  Inauguration,  Harper's  INIag.,  95  :  337-355. 
c.  Inauguration  Events  of  1901,  Rev.  of  R's,  23  :  405-406. 
15.  The  "White  House,"  Indept.,  55  :  2497-2507. 


CHAPTER  XXIV 
POTS^RS  AND  DUTIES  OF  THE  PRESIDENT 

"Unity  of  plan,  activity,  and  decision  are  indispensable   story,  On 
to  success;    and  these  can  scarcely  exist,  except  when  a  stituiiou. 
single  magistrate  is  intrusted  exclusively  with  the  power." 
This  is  especially  true  in  military  affairs,  hence  the  pro- 
vision : 

The  President  shall  be  commander-in-chief  of  the  army   Article  ii. 

section  2 

and  navy  of  the  United  States,  arid  of  the  militia  of  the   clause  i.' 
several  States  when  called  into  the  actual  service  of  the   dent  com- 

.  ...  .  .  J,   maiider-in- 

United  States;  he  may  require  the  opinion,  m  writing,  of  chief. 
the  principal  officer  in  each  of  the  executive  departments, 
upon  any  siibject  relating  to  the  duties  of  their  respective 
offices,  and  he  shall  have  power  to  grant  reprieves  and  par- 
dons for  offences  against  the  United  States,  except  in  cases 
of  impeachment. 

Fears  were  expressed  in  the  State  conventions  when 
considering  the  ratification  of  the  Constitution  lest  the 
President  might,  under  this  provision,  take  charge  of  the 
army  and  navy  in  person,  and  as  a  dictator  endanger  the 
liberties  of  the  Nation. 

The  monarch  of  Great  Britain  is  commander-in-chief  of  the   Military 
army  and  navy  and  militia;  he  has  power  to  declare  war,  and  in   o^^e^"^  ^ 
time  of  war  can  raise  armies  and  navies  and  call  out  the  militia,    rulers. 
Parliament  may  check  his  action  only  by  the  refusal  to  vote 
supplies.     The  Emperor  of  Germany  must  obtain  the  consent  of 
the  Bundesrath,  or  upper  house,  before  he  may  declare  offensive 
war.     The  President  of  France  may  not  declare  war  without  the 
advice  of  the  Chambers. 

The  temporary  suspension  of  the  execution  of  a  sen-   Reprieves, 
tence  is  called  a  reprieve.     By  means  of  a  reprieve,  the 

233 


234  POWERS  OF  THE  PRESIDENT 

President  may  gain  time  to  look  into  the  evidence  more 
carefully  in  order  to  ascertain  whether  there  is  good  reason 
for  granting  the  requested  pardon. 

Complete  release  from  a  sentence  is  secured  by  a  par- 
don. The  power  to  pardon  also  carries  with  it  the  right 
of  commuting  the  sentence.  By  this,  a  decree  calling  for 
imprisonment  for  life  may  be  reduced  to  a  fixed  term  of 
years,  or  a  death  penalty  may  be  mitigated  to  imprison- 
ment for  life,  etc.* 
Section  2,  He  shall  have  'power,  by  and  with  the  advice  and  consent 

Treaties'.       of  the  Senate,  to  make  treaties,  provided  two-thirds  of  the 
Senators  present  concur. 

While  the  power  to  conclude  treaties  seems  to  be  with- 
out restriction,  it  is  implied  that  no  treaty  shall  in  any 
way  interfere  with  the  authority  of  the  Constitution.  The 
usual  steps  in  the  negotiation  of  treaties  are  as  follows: 
(1)  In  time  of  peace  they  are  conducted  at  the  capital  of 
the  nation  that  begins  the  negotiation.  If  this  is  in  Wash- 
ington, the  terms  are  considered  by  the  Secretary  of  State 
and  the  minister  of  the  other  nation.  If  in  a  foreign  capi- 
tal, Our  minister  acts  under  instructions  sent  him  by  the 
Secretary  of  State.  (2)  At  times  one  or  more  special  min- 
isters are  sent  abroad  for  the  purpose  of  negotiating  for  a 
treaty.  (3)  The  treaty  of  peace  at  the  close  of  a  war  is 
usually  negotiated  in  some  neutral  country  by  special 
commissioners  appointed  by  the  belligerent  nations. 

In  all  cases,  the  President  exercises  general  control  over 
the  negotiation  and  framing  of  treaties.  After  an  agree- 
ment has  been  reached,  the  treaty  is  sent  to  the  Senate. 
It  is  discussed  in  Executive  Session,  in  which  all  matters 
pertaining  to  it  are  kept  secret  until  a  resolution  of  the 

*  President  Harrison  considered,  during  his  term,  779  pardon  cases,  not 
including  reprieves.  Of  these  527  were  granted  in  whole  or  in  part. 
President  Cleveland  acted  on  907  such  cases  and  granted  506  in  whole  or 
in  part. 


POWERS  OF  THE  PRESIDENT  235 

Senate  removes  the  decree  of  secrecy.  The  Senate  may 
approve,  reject,  or  modify  the  terms.  If  amendments  are 
made,  they  must  be  agreed  to  by  the  President  and  the 
other  nation  interested.  When  a  treaty  has  been  finally 
approved  by  the  officials  of  both  countries,  duplicate  copies 
of  it  are  made  in  parchment.  Both  of  these  copies  are 
signed  by  the  chief  officers  of  each  country  and  the  copies 
are  then  exchanged.  This  is  called  the  "exchange  of 
ratification."  An  official  copy  of  the  treaty  is  thus  secured 
by  each  nation.  The  President  then  publishes  the  treaty, 
accompanied  by  a  proclamation,  in  which  it  is  declared 
to  be  a  part  of  the  law  of  the  land. 

He  shall  nominate,  and  by  and  with  the  advice  and  con-  section  2. 
sent  of  the  Senate,  shall  appoint  Ambassadors,  other  public  Executive 
ministers  and  Consuls,  Judges  of  the  Supreme  Court,  and  appoint- 
all  other  officers  of  the  United  States,  whose  appointments  ^^'^  ' 
are  not  herein  otherwise  provided  for,  and  which  shall  be 
established  by  law;  but  the  Congress  may  by  law  vest  the 
appointment  of  svx^h  inferior  officers,  as  they  think  proper, 
in  the  President  alone,  in  the  courts  of  law,  or  in  the  heads 
of  departments. 

The  President  shall  have  power  to  fill  up  all  vacancies  that  section  s 
vmy  happen  during  the  recess  of  the  Senate,  by  granting 
commissions  which  shall  expire  at  the  end  of  their  next 
session. 

The  methods  of  making  appointments  may  be  classified  as 
follows : 

(1)  By  the  President  with  the  consent  of  the  Senate.  In  ad- 
dition to  the  Ambassadors,  other  public  ministers  and  Consuls 
and  Judges  of  the  Supreme  Court  who  secure  their  ofiices  in  this 
way,  there  are  a  large  number  of  other  officers  whose  positions 
have  been  established  by  law  who  are  appointed  in  the  same 
manner.  Among  the  most  important  of  these  officers  are  the 
heads  of  the  executive  departments,  Treasurer  of  the  United 
States,  Internal  Revenue,  Inter-State  Commerce  Commission, 
Comptroller  of  the  Currency,  Superintendents  of  Mints,  Com- 


236 


POWERS  OF  THE   PRESIDENT 


Action  of 
the  Senate 
on  nomina- 
tions. 


missioner  of  Patents,  Commissioner  of  Pensions,  Pension  Agents, 
Collectors  of  Customs  and  Internal  Revenue,  Land  Agents,  Indian 
Agents,  District  Attorneys,  Marshals,  Territorial  Governors, 
Postmasters  whose  salaries  are  $1,000  and  over,  and  all  JVIiUtary 
and  Naval  Officers,  unless  otherwise  ordered  by  law. 

(2)  The  President  alone  has  the  power  of  appointing  the  clerks 
in  his  office. 

(3)  The  Judges  appoint  the  officers  of  their  own  courts. 

(4)  The  heads  of  the  departments  appoint  their  subordinates 
with  the  exception  of  some  of  the  principal  ones,  whose  appoint- 
ment is  secured  through  nomination  by  the  President  and  con- 
firmation by  the  Senate. 

All  of  the  nominations  sent  by  the  President  to  the  Senate 
are  submitted  to  appropriate  committees,  as  Postmasters  to 
the  Post-Office  Committee,  Ambassadors  to  the  Committee  on 
Foreign  Affairs.  The  report  of  the  committee  is  considered  in 
executive  or  secret  session  and  the  nomination  is  then  voted  on. 
If  the  vote  is  adverse,  the  President  mxist  make  another  nomi- 
nation. 


OfiBcial 
patronage. 


In  making  his  appointments,  the  President  is  largely 
dependent  upon  the  advice  of  the  head  of  that  depart- 
ment under  whose  direction  the  officer  will  come,  or  upon 
the  recommendation  of  the  Representatives  and  Senators 
of  his  party  from  the  State  in  which  the  office  is  located. 
This  power  of  official  patronage  through  which  political 
assistants  in  a  State  may  be  rew^arded  with  a  Federal 
office  has  become  so  burdensome  that  many  Congress- 
men complaLa  of  it  and  express  the  desire  to  be  freed  from 
its  exactions. 


Senatorial 
Courtesy. 


Removal 
from  office. 


There  has  grown  up  an  almost  invariable  custom,  knowTi  as 
Senatorial  Courtesy.  By  it,  no  appointment  can  be  confirmed  un- 
less it  meets  the  sanction  of  one  or  both  of  the  Senators  of  the 
State  in  which  the  office  is  located,  provided  they  are  members  of 
the  party  then  in  control  of  the  Senate. 

During  the  first  forty  years  of  our  government,  the  views 
of  the  founders  wMth  regard  to  appointment  and  removal 
from  the  civil  service  were  generally  upheld.     It  was  evi- 


POWERS  OF  THE  PRESIDENT  237 

dently  their  intention  that  postmasters,  collectors  of  the 
revenues,  and  officials  of  this  nature  were  to  be  regarded 
as  clerks  or  agents  appointed  to  assist  in  carrying  on 
the  government.  It  was  believed  that  these  non-political 
offices  should  be  filled  without  regard  to  any  personal 
or  political  favor  and  that  an  officer  might  retain  his  posi- 
tion so  long  as  he  rendered  faithful  and  efficient  service. 
The  rule  advocated  by  INIadison  that  the  President  might 
remove  officials  without  the  consent  of  the  Senate  was 
acknowledged  by  Congress.  Under  its  operation,  the 
entire  number  of  removals  from  office  between  Washing- 
ton's first  administration  and  that  of  Jackson  was  only 
seventy-four,  and  five  of  the  officers  removed  were  de- 
faulters. 

It  was  during  this  period  that  William  Henry  Craw-   Rotation  in 

offi.CG. 

ford.  Secretary  of  the  Treasury,  hoping  to  pave  the  way 
for  his  nomination  as  a  Presidential  candidate,  secured  the 
passage  in  1820  of  the  "four  year  tenure  act"  by  which   Fourteenth 
most  of  the  officials  of  the  National  government  who  col-  United 
lected  and  paid  out  public  money  were  to  have  their  terms  Civii 

.  Service 

of  office  limited  to  four  years.     Thus  was  made  possible  the  Com- 
dangerous  political  device,  known  as  "rotation  in  office."   1896-97. 
Webster,  Clay,  Calhoun  and  other  statesmen  spoke  of  the 
evils  growing  out  of  such  a  law,  but  it  is  still  in  force. 

The  "Spoils  System,"  by  which  appointive  offices  are  The  Spoils 
to  be  regarded  as  bribes  or  rewards  for  partisan  services, 
was  in  use  in  Pennsylvania  as  early  as  1790,  and  was  in- 
troduced into  New  York  by  1800,*  but  did  it  not  become  a 
permanent  feature  of  our  government  until  Jackson  be- 
came President.  The  Whigs  denounced  this  abuse  of  the 
civil  service  on  the  part  of  their  opponents,  and  promised, 
if  elected,  to  make  the  needed  reforms.  But  the  pressure 
upon  them  was  too  great,  for  no  sooner  were  they  given 
power  by  the  election  of  1840  than  the  sacrifice  of  Demo- 
*  Jackson  and  the  Spoils  System.     See  American  History,  306. 


238  POWERS   OF  THE  PRESIDENT 

cratic  office-holders  began.  From  this  time  down  to  1883, 
whenever  there  was  a  change  of  administration,  and  espe- 
cially when  this  meant  the  victory  of  a  different  political 
party,  a  "clean  sweep"  of  the  offices  was  thought  to  be 
necessary. 

The  evils  of  the  system  were  indicated  in  the  reports  of 
special  committees  appointed  by  the  different  Congresses 
and  numerous  efforts  at  reform  were  made.* 
The  Finally,  January  16,  1883,  Congress  passed  the  "Civil 

Bill.  Service  Law,"  which  in  general  still  governs  the  Federal 

service.  This  act  established  the  United  States  Civil 
Service  Commission,  which  was  to  be  composed  of  three 
members,  not  more  than  two  of  whom  should  belong  to 
the  same  political  party.  Other  provisions  of  the  act  and 
the  rules  for  carrying  it  out  are:  That  there  shall  be 
open,  competitive  examinations  for  testing  the  fitness  of 
the  applicants  for  the  public  service  in  the  departments  at 
Washington,  and  in  the  custom-houses  and  post-offices 
where  at  least  fifty  officials  are  employed;  that  when  a 
vacancy  exists  in  any  office  in  either  of  these  classes  it  shall 
be  filled  from  the  three  applicants  graded  highest  in  the 
list  of  those  who  have  passed  the  competitive  examination ; 
that  the  final  appointment  shall  not  be  made  until  after  a 
trial  of  six  months  in  the  office.  The  law  does  not  extend 
to  positions  outside  the  Executive  branch  of  government, 
to  positions  for  which  appointment  is  made  by  the  Presi- 
dent with  the  consent  of  the  Senate,  or  to  places  of  un- 
skilled labor.  The  President  is  given  the  power  to  direct 
the  further  extension  of  the  "classified  service,"  or  posi- 
tions which  are  to  be  filled  by  persons  who  have  taken  the 
examinations. f 

The  number  of  offices  originally  included  under  the  act 
was  about  14,000.     The  classified  offices  reported  June 

*  See  American  History,  pp.  445,  446,  462. 
t  See  American  History,  p.  495. 


POWERS  OF  THE  PRESIDENT  239 

30,  1910,  numbered  235,000,  and  those  which  were  unclas- 
sified or  excepted  133,000.  Some  75,000  of  the  unclassi- 
fied offices  were  fourth-class  post-offices  in  which  a  salary 
of  less  than  $1,000  is  paid. 

The  ordinary  civil  service  examinations  are  held  twice 
each  year  at  such  places  throughout  the  country  as  are 
designated  by  the  Commission.  Much  has  been  accom- 
plished smce  the  law  went  into  effect,  but  it  is  to  be  hoped 
that  the  system  will  at  an  early  date  be  extended  to  the 
offices  still  imclassified,*  and  that  the  effective  reform 
work  already  done  in  some  of  our  States  and  cities  f  will 
become  general  throughout  the  country.  Two  other  pro- 
visions of  the  act  have  also  brought  about  a  vast  improve- 
ment moMT  civil  service.  One  of  these  provides  that  offi- 
cial authority  and  influence  shall  not  be  used  to  coerce  the 
political  action  of  any  citizen;  and  the  other,  that  no  per- 
son in  the  public  service  is  under  obligation  to  contribute  to 
any  political  fund  or  to  render  any  political  service. 

The  President  may  remove  an  officer  during  the  session   Rule  for 

•^  1       •  1       1  J    •         removals. 

of  the  Senate  by  nominating,  and  by  and  with  the  advice 

and  consent  of  the  Senate,  appointing  his  successor.     If 

the  removal  is  made  during  the  recess  of  Congress,  the 

newly  appointed  officer  receives  his  commission  and  enters 

upon  his  duties  at  once.     If,  when  the  Senate  convenes,  it   civil 

refuses  to  confirm  the  appointment,  the  President  makes   commission 

.  ,  .J     Report, 

another  nomination.     A  most  important  order  was  issued    1896-97. 
July  27,  1897,  which  provides  that  "No  removal  shall  be 
made  from  any  position  subject  to  competitive  examina- 

*  During  the  years  1901-1902  there  were  included  in  the  competitive 
system  by  order  of  President  Roosevelt  the  rural  free  delivery  service, 
permanent  employees  of  the  Census  Office,  and  those  additional  em- 
ployees necessary  because  of  the  war  with  Spain.  In  1908  he  extended 
the  application  of  the  merit  rule  so  as  to  include  15,000  fourth-class  post- 
masters. President  Taft,  in  1909,  placed  under  the  classified  service,  assist- 
ant postmasters  in  first-  and  second-class  offices  and  all  of  their  clerks. 
fSee  pp.  30-31. 


24. 


240 


POWERS  OF  THE  PRESIDENT 


Vacancies. 


Article  II, 
section  3. 
Duties  of 
the 
President. 


Enforce- 
ment of  the 
laws. 


tion  except  for  just  cause  and  upon  written  charges  filed 
with  the  head  of  the  department  or  other  appointing 
officer,  and  of  which  the  accused  shall  have  full  notice  and 
an  opportunity  to  make  defence."  An  act  of  1866,  still 
in  force,  provides  that  "No  officer  in  the  military  or  naval 
service  shall,  in  time  of  peace,  be  dismissed  from  service 
except  upon,  or  in  pursuance  of,  the  sentence  of  court- 
martial,  to  that  effect  or  in  commutation  thereof." 

When  an  office  becomes  vacant  during  the  recess  of  the 
Senate,  the  President  appoints  as  in  the  case  of  removal 
during  the  recess.  If  the  Senate  fails  to  act  on  the  nomi- 
nation before  the  adjournment,  the  President  must  then 
issue  a  new  commission  to  the  same  or  another  person. 

He  shall,  from  time  to  time,  give  to  the  Congress  informa- 
tion of  the  state  of  the  Union,  and  recommend  to  their 
consideration  such  measures  as  he  shall  judge  necessary 
and  expedient;  he  may,  on  extraordinary  occasions,  convene 
both  Hmises,  or  either  of  them,  and  in  case  of  disagree- 
ment between  them,  with  respect  of  the  time  of  adjournment, 
he  may  adjourn  them  to  such  time  as  he  shall  think  proper; 
he  shall  receive  Ambassadors  aiid  other  public  ministers; 
he  shall  take  care  that  the  laws  be  faithfully  executed,  and 
shall  commission  all  the  officers  of  the  United  States. 

The  most  important  duty  of  the  President  is  to  see 
that  all  laws  passed  by  Congress  are  faithfully  executed. 
Laws  are  useless  unless  they  are  enforced,  and  it  is  chiefly 
for  the  performance  of  this  task  that  the  Executive  was 
originally  created.  It  is  not  contemplated  that  this  duty 
shall  be  performed  by  him  in  person,  but  through  officials 
who  are  directly  responsible  to  him.  The  United  States 
marshals  and  their  deputies  exercise  a  wide  influence 
in  seeing  that  the  laws  are  enforced.  They  usually  act 
imder  an  order  from  a  United  States  court,  but  may,  at 
times,  act  without  such  a  writ.  If  necessary,  the  President 
may  send  the  army  and  navy  of  the  United  States  and 


POWERS   OF  THE  PRESIDENT  241 

call  out  the  militia  of  the  States  to  overcome  any  resist- 
ance to  Federal  law. 

By  means  of  the  annual  message  sent  to  Congress  at  the  ^^esiden- 
opening  of  the  session,  and  special  messages  on  particular  messages, 
occasions,  the  President  is  enabled  to  call  attention  to  the 
legislative  needs  of  the  coimtry.  The  plan  of  having  a 
message  read  in  each  House  by  the  clerk  or  secretary  was 
introduced  by  President  Jefferson.  Presidents  Washing- 
ton and  Adams  addressed,  in  person.  Congress  assembled 
in  joint  session.  Various  reasons  have  been  alleged  for 
this  change.  It  is  said  that  President  Jefferson  was  a  poor 
speaker,  and  that  he  regarded  the  formal  address  as  mon- 
archical. 

The  power  of  calling  Congress  together  on  extraordi-  Special 
nary  occasions  has  been  exercised  by  a  number  of  Presi- 
dents. The  House  of  Representatives  has  never  been 
called  in  special  session  alone.  It  has  become  the  custom 
for  the  outgoing  President  to  call  the  Senate  in  special 
session  to  act  on  the  nominations  of  the  Cabinet  and  other 
officials  to  be  appointed  by  his  successor  immediately  fol- 
lowing the  inauguration. 

The  act  of  receiving  a  minister  from  a  foreign  state  is  The 

^  (>     1  President 

equivalent  to  the  acknowledgment  of  that   state   as   an  and  foreign 

*  ,  1  •  J  J-        mmisters. 

independent  nation.  A  minister  may  be  rejected  or  dis- 
missed because  he  is  personally  objectionable;  because 
there  is  no  desire  to  recognize  his  state  as  sovereign;  or 
for  the  reason  that  unfriendly  relations  exist  between  the 
two  nations.  Should  the  executive  of  one  nation  send  to 
the  minister  of  another  nation,  during  a  period  of  strained 
relations,  that  minister's  official  papers,  it  would  be  re- 
garded as  equivalent  to  a  declaration  of  war. 


242  POWERS  OF  THE  PRESIDENT 

Supplementary  Questions  and  References. 

1.  What  have  been  some  of  the  most  important  treaties  entered 
into  on  the  part  of  the  United  States? 

2.  For  the  treaty  made  at  the  close  of  the  Spanish-American 
War,  see  Rev.  of  R's,  18  :  258,  371,  515,  631;  19  :  11,  261,  262, 
266,  267. 

3.  In  what  ways  may  a  treaty  be  abrogated?  Harrison, 
This  Country  of  Ours,  140,  141. 

4.  May  a  President  have  many  of  the  privileges  of  private  life  ? 
a.  The  President  at  Home,  Harper's  Mag.,  89  :  196-203. 

h.  Harrison,  This  Country  of  Ours,  177-180. 

5.  What  are  some  of  the  official  cares  of  the  President? 
a.  Our  Fellow  Citizen  of  the  White  House,  Cen.  Mag., 

53  :  645-664. 
h.  Harrison,  This  Country  of  Ours,  162-177. 

6.  Secure  a  copy  of  the  last  report  of  the  Civil  Service  Com- 
mission and  also  Manual  of  Examinations  for  the  Classified  Ser- 
vice of  the  United  States,  Address,  Civil  Service  Commission, 
Washington,  D.  C. 

a.  How  many  persons  are  included  in  the  civil  service  of  the 

United  States? 
h.  What  proportion  of  them  are  included  in  the  classified 

service  ? 

c.  Does  the  Law  of  1883  seem  to  have  brought  about  satis- 

factory results  ? 

d.  What  offices  have  been  included  in  the  extensions  of  the 

Civil  Service  Law? 

e.  What  is  the  nature  of  the  questions  given  in  the  examina- 

tions? 

7.  The  Fifteenth  Annual  Report  of  the  Commission  (pp.  443- 
485)  contains  an  account  of  the  appointments  and  removals  by 
the  various  Presidents  from  1789  to  1883.  Also  an  account  of 
the  growth  of  civil  service  reform  in  the  States  and  cities  of  the 
United  States,  pp.  489-502. 

8.  May  a  man  be  fitted  for  political  preferment  and  not  be 
competent  to  pass  an  adequate  examination?  Atl.  Mo.,  65  : 
443,  444. 


PO^YERS  OF  THE  PRESIDENT  243 

9.  For  other  articles  on  civil  service  reform  see:  a.  The 
Ci\al  Service  as  a  Career,  Forum,  20  :  120-128.  b.  Lyman  J. 
Gage,  The  Civil  Service  and  the  Merit  System,  Forum,  27  :  705- 
712.  c.  Some  Popular  Objections  to  Civil  Service  Reform,  Atl. 
Mo.,  65  :  433-144;  671-678.  d.  "The  Victor  and  The  Spoils," 
Outlook,  93  :  850-851.  e.  "  Civil  Service  Under  President  Roose- 
velt," Rev.  of  R's,  31  :  317-324.  /.  "Twenty-five  Years  of  Civil 
Service  Reform,"  Outlook,  84  :  799.  g.  Roosevelt,  Present  Status 
of  Civil  Ser%-ice  Reform,  Atl.  I\Io.,  75  :  239-246.  h.  The  Purpose 
of  Civil  Service  Reform,  Forum,  30  :  608-619. 

10.  What  was  the  Tenure  of  Office  Act  of  1867?  Why  did  it 
become  of  great  importance  ?  Is  it  still  in  force  ?  Wilson,  Divi- 
sion and  Reunion,  267,  270-271,  297.  Harrison,  This  Country 
of  Ours,  101-103. 

11.  What  were  the  chief  points  discussed  in  the  President's 
last  annual  message  ? 


CHAPTER  XXV 

THE  CABINET  AND  THE  EXECUTIVE  DEPARTMENTS 

The  The  President's  Cabinet  comprises   the    Secretary  of 

State,  Secretary  of  the  Treasury,  Secretary  of  War, 
Attorney-General,  Postmaster-General,  Secretary  of  the 
Navy,  Secretary  of  the  Interior,  Secretary  of  Agriculture, 
and  Secretary  of  Commerce  and  Labor.  These  consti- 
tute the  chief  officials  in  the  nine  executive  departments 
of  our  government.  It  was  taken  for  granted  that  such 
departments  would  be  formed,  for  the  Constitution  de- 
clares the  President  may  require  the  opinions  in  writing 
of  the  heads  of  the  executive  departments,  and  again,  that 
Congress  may  vest  the  appointment  of  certain  inferior 
officers  in  the  heads  of  these  departments.  But  there  was 
no  thought  in  the  Constitutional  Convention  of  creating 
an  institution  whose  members  should  meet  regularly  with 
the  President  and  consult  on  matters  outside  of  their  own 
departments.  The  Cabinet,  as  a  body,  has  no  legal  posi- 
tion as  a  part  of  the  government.  The  different  depart- 
ments have  been  created  by  acts  of  Congress  and  their 
duties  are  defined  by  law.  The  President  is  not  obliged 
to  take  the  advice  of  his  Cabinet,  although  their  views 
usually  have  weight  with  him.  No  official  record  is  kept 
of  the  meetings.* 

*  The  following  is  taken  from  a  conversation  with  President  Hayes, 
reported  by  C.  E.  Stevens  in  his  Sources  of  the  Constitution  of  the  United 
States,  pp.  167-168.  President  Hayes  said  that  he  and  other  Presidents 
had  occasionally  acted  independently  of  Cabinet  advice;  that  the  custom 
of  the  past  had  varied;  and  that  some  Presidents  had  been  more  in- 
fluenced by  their  Cabinets  than  others.  He  said  that  President  Bu- 
chanan was  much  worried  by  his  Cabinet  because  not  strong  enough  to 

244 


THE  CABINET 


245 


In  1789  the  first  Congress  created  the  Departments  of  State,  Formation 
War,  and  the  Treasury,  also  the  office  of  Attorney-General,  partmenl^. 
President  Washington's  Cabinet  consisted  of  the  officials  whom 
he  appointed  to  fill  these  four  positions.  The  Navy  Depart- 
ment was  added  in  1798.  Prior  to  this  time  naval  affairs 
had  been  under  control  of  the  War  Department.  While  a  Post- 
Office  Department  was  established  in  1794,  the  Postmaster- 
General  was  not  made  a  member  of  the  Cabinet  until  1829.  In 
1849,  the  Interior  Department  was  created  by  grouping  under  it 
certain  duties  which  had  belonged  to  other  departments.  The 
Department  of  Agriculture  was  organized  in  1862,  and  to  it  were 
assigned  the  duties  appertaining  to  the  agricultural  interests  of 
the  country  which  had  been  performed  through  the  State  De- 
partment.    It  was  not  made  a  Cabinet  position  until  1889. 

In  1903,  the  Department  of  Commerce  and  Labor  was  author- 
ized by  an  act  of  Congress.  It  has  been  advocated  and  it  would 
seem  desirable  that  a  Department  of  Education  should  be 
formed. 

Members  of  the  Cabinet  receive  an  annual  salary  of  Salaries 

rr-iT  c         •  1  1  c  ^■^'^  general 

$12,000.*  The  departments  lumish  an  example  or  a  organiza- 
splendidly  organized  system,  ihat  the  busmess  oi  each  depart- 
department  may  be  more  easily  done,  it  is  distributed 
among  bureaus.  The  bureaus  are  again  divided  into 
divisions,  and  the  divisions  into  rooms  where  the  large 
number  of  clerks  are  to  be  found.  At  the  head  of  each 
bureau  is  a  commissioner,  and  of  each  division  a  chief. 
To  complete  the  satisfactory  working  of  the  system,  each 
clerk  is  made  responsible  to  his  chief  of  division;  this 
chief,  to  his  commissioner;  and  he,  in  turn,  to  the  secre- 
tary, who  is  responsible  to  the  President  and  to  Congress. 

insist  on  his  own  will,  but  that  President  Lincoln  had  decided  on  his 
Emancipation  Proclamation  without  consulting  his  Cabinet,  and  read  it 
over  to  them  merely  for  suggestion  and  amendment.  On  two  occasions, 
he  (President  Hayes)  decided  and  carried  out  matters  against  the  wishes 
of  the  secretary  of  a  department  affected. 

*  Mr.  Knox  receives  SS.OOO  owing  to  the  fact  that  he  was  in  the  Senate 
when  the  increase  in  salary  was  made.  See  art.  I,  section  6,  clause  2. 
Congress  voted,  in  order  to  allow  his  appointment,  that  his  salary  was  to 
be  SS.OOO. 


246 


THE  CABINET 


The  Department  of  State 


Secretary 
of  State. 


The  Secretary  of  State  is  commonly  called  the  head 
of  the  Cabinet.  He  is  first  in  rank  at  the  Cabinet  table,  and 
occupies  the  seat  of  dignity  at  the  right  of  the  President. 
Under  the  direction  of  the  President,  he  conducts  all 
negotiations  relating  to  the  foreign  affairs  of  the  Nation; 
carries  on  the  correspondence  with  our  representatives  in 
other  countries;  and  receives  the  representatives  of  foreign 
powers  accredited  to  the  United  States,  and  presents  them 
to  the  President.  Through  him,  the  President  communi- 
cates with  the  Executives  of  the  different  States.  He  has 
charge  of  the  treaties  made  with  foreign  powers,  and  nego- 
tiates new  ones.  He  also  has  in  his  keeping  the  laws  of 
the  United  States,  and  the  great  seal  which  he  affixes  to 
all  Executive  proclamations,  commissions,  and  other  official 
papers.  He  publishes  the  laws  and  resolutions  of  Con- 
gress, and  issues  and  records  passports.  The  Secretary 
of  State  has  three  assistant  secretaries.  There  are  seven 
bureaus  in  the  department:  Diplomatic,  Consular,  In- 
dexes and  Archives,  Accounts,  Trade  Relations,  Rolls 
and  Library,  Appointments  and  Citizenship. 


Diplomatic 
Bureau. 


The  United  States,  in  common  with  other  nations,  sends  repre- 
sentatives to  the  foreign  capitals.  They  are  the  agents  through 
whom  the  Secretary  of  State  communicates  and  negotiates  with 
other  powers.  Such  affairs  are  conducted  through  the  Diplo- 
matic Bureau.  Our  representatives  at  the  courts  of  England, 
France,  Germany,  Russia,  Italy,  Austria,  Mexico,  Brazil,  Japan, 
and  Turkey  are  known  as  Ambassadors.*  They  receive  a  salary  of 
$17,500  each.  The  social  demands  made  upon  our  Ambassadors 
are  great  and  they  are  also  obliged  to  provide  for  their  places  of 
residence.  The  salaries  paid  are  not  sufficient  to  meet  these 
necessary  expenses  and  are  small  in  comparison  with  those  paid 

*  In  1893,  Congress  provided  that  our  representative  to  a  foreign  coun- 
try was  to  have  the  same  ranli  as  the  representative  of  that  country  sent 
to  the  United  States. 


THE  CABINET  247 

by  the  European  nations  to  officers  of  the  same  rank.  Thus,  the 
English  Ambassador  at  Washirigton  receives  a  salary  of  $32,500. 
Besides  the  EngUsh,  the  Germans,  the  Japanese,  and  some  other 
nations  have  provided  houses  for  their  legations.  Besides  Am- 
bassadors, the  other  diplomatic  representatives  are  (1)  minis- 
ters plenipotentiary,  envoys  extraordinary,  and  special  commis- 
sioners;   (2)  ministers  resident,  and  (3)  charges  d'affaires. 

A  Consul  is  sent  by  the  United  States  to  each  of  the  Consular 
chief  cities  in  the  consular  districts  into  which  foreign 
countries  are  divided  by  our  State  Department.  These 
Consuls,  of  which  there  are  three  grades,  Consuls-Gen- 
eral, Consuls,  and  Consular  Agents,  look  after  the  com- 
mercial interests  of  the  United  States  in  those  districts. 
They  care  for  destitute  American  sailors  and  protect  the 
interests  of  our  citizens  in  foreign  countries.  In  some  of 
the  non-Christian  nations,  such  as  China  and  Turkey, 
the  Consuls  also  have  jurisdiction  over  all  criminal  cases 
in  which  any  American  citizen  may  be  a  party.  The  im- 
portance of  such  a  service  to  the  country  is  self-evident. 
The  appointment  of  these  officials  was  formerly  secured 
under  party  pressure.  According  to  the  rule  adopted  in 
1906,  all  vacancies  in  the  Consular  service  are  hereafter 
to  be  filled  by  promotion  for  ability  and  efficiency  in  the 
service  or  by  the  appointment  of  those  who  have  passed 
the  civil  service  examination. 

The  Department  of  the  Treasury 

The  Department  of  the  Treasury  is  the  most  extensive  Secretary 
and  complex  of  the  Executive  Departments.  In  general,  Treasury. 
the  Secretary  of  the  Treasury  has  charge  of  the  finances  of 
the  nation.  He  is  required  to  prepare  plans  for  the  crea- 
tion and  improvement  of  the  revenues  and  the  public 
credit  and  to  superintend  the  collection  of  the  revenue. 
He  gives  orders  for  all  moneys  drawn  from  the  Treasury 
in  accordance  with  appropriations  made  by  Congress,  and 


248 


THE  CABINET 


The  six 
auditors. 


The 
Treasurer. 


The 

Bureau  of 
Engraving 
and 
Printing. 


submits  an  annual  report  to  Congress  which  contains  an 
estimate  of  the  probable  receipts  and  expenditures  of  the 
government. 

It  is  very  important  that  the  accounts  of  the  govern- 
ment should  be  carefully  scrutinized,  and  one  of  the  six 
auditors  connected  with  the  Treasury  Department  must 
pass  upon  the  accounts  of  every  public  officer  who  pays 
out  money.  Thus  the  auditor  for  the  Treasury  Depart- 
ment examines  all  accounts  of  salaries  and  incidental 
expenses  of  the  office  of  the  Secretary  of  the  Treasury 
and  all  other  offices  under  his  immediate  direction,  such 
as  the  Treasurer  and  the  Assistant  Treasurers,  Direc- 
tors of  the  Mint  and  Assay  Offices.  There  are  also 
auditors  for  the  War,  Interior,  Navy  and  Post-office 
Departments  and  one  for  the  State  (and  other  Depart- 
ments). 

All  of  the  money  of  the  United  States  is  under  the  care 
of  the  Treasurer.  He  receives  and  pays  it  out  upon  the 
warrant  of  the  Secretary  of  the  Treasury  or  a  designated 
assistant,  redeems  the  notes  of  the  National  banks,  and 
manages  the  Independent  Treasury  System.  This  system 
renders  the  Treasury  Department  practically  independent 
of  the  banks  of  the  country.  It  includes  the  Treasury  at 
Washington  and  sub-treasuries,  each  in  charge  of  an  As- 
sistant Treasurer,  at  Boston,  New  York,  Philadelphia, 
Baltimore,  Cincinnati,  Chicago,  St.  Louis,  New  Orleans, 
and  San  Francisco.  While  the  greater  part  of  the  money 
belonging  to  the  government  is  found  in  these  places, 
about  200  National  banks  have  also  been  designated  as 
public  depositories. 

The  Bureau  of  Engraving  and  Printing  is  one  of  the 
largest  in  the  Department  and  employs  about  1,600  peo- 
ple. It  has  been  said  that  the  products  of  this  bureau, 
in  the  course  of  a  single  year,  represent  a  sum  equal  in 
value  to  all  the  money  in  circulation  in  the  United  States; 


THE  CABINET  .  249 

for  here  the  engraving  of  the  plates  and  the  printing  of  all 
the  United  States  circulating  notes,  bonds,  revenue  stamps, 
and  postage  stamps  is  done. 

The  duties  of  the  Comptroller  of  the  Currency  and 
Commissioner  of  Internal  Revenue  are  discussed  on  pages 
166  and  187. 

The  Life  Saving  Service,  under  a  General  Superintend-  The  Life 
ent,  is  one  of  the  most  important  branches  of  the  Treas-  Service. 
ury  Department.  More  than  2,000  men  are  employed  in 
the  273  stations,  located  generally  at  danger  points  on  the 
oceans  and  the  great  lakes.  Out  of  the  6,000  lives  imper- 
illed in  the  year  1910  in  the  disasters  on  water,  only  53 
were  lost.  Of  the  1,463  vessels  of  all  kinds  in  peril,  1,407, 
with  cargoes  valued  at  over  $10,000,000,  were  rendered 
assistance  by  the  life-savers.  This  service  is  maintained 
at  an  annual  expenditure  of  a  little  over  $2,000,000. 
It  has  been  estimated  that  225,000  lives  have  been  saved 
through  this  service  since  it  was  founded  in  1848. 

The    Supervising    Surgeon-General    superintends    the  Supervis- 
twentv-two  marine  hospitals  where  our  sick  sailors  are  SuVgeon- 
cared  for;   conducts  the  quarantme  service  oi  the  United 
States;    and  directs  the  laboratories  for  the  investigation 
of  the  causes  of  contagious  diseases. 

The  Supervising  Architect  prepares  the  plans  for  gov-  Supervis- 
emment  buildings  and  superintends  their  construction.       Architect. 

Military  and  Naval  Affairs 

The  President  has  never  assumed  command  of  the  army 
in  person,  but  has  delegated  his  authority  to  officers 
whom  he  selects.  The  Secretary  of  War  and  Secretary  of 
the  Navy  exercise  this  authority  during  the  time  of  war. 
They,  in  turn,  select  other  officers  to  assist  them.  The 
orders  given  by  the  President  to  any  officer  are  strictly 
imperative. 


250 


THE  CABINET 


Secretary 
of  War. 


Commis- 
sary- 
General. 


Chief  of 
Ordnance. 


Corps  of 
Engineers. 


Chief 

Signal 

Officer. 


The  Secretary  of  War  has  charge  of  the  military  affairs 
of  the  government  under  the  direction  of  the  President. 
He  supervises  all  estimates  of  appropriations  for  the  ex- 
penses of  the  department,  for  the  purchase  of  all  sup- 
plies for  the  army,  and  for  its  transportation.  He  has 
under  his  supervision  the  military  academy  at  West  Point; 
and  all  the  National  cemeteries.  He  has  the  oversight  also 
of  river  and  harbor  improvements;  and  of  the  prevention 
of  obstruction  to  navigation.  All  chiefs  of  the  eleven 
bureaus  are  regular  army  officers. 

Food  is  supplied  the  army  by  order  of  the  Commis- 
sary-General, and  medicine  by  order  of  the  Surgeon-Gen- 
eral; and  arms  are  supplied  by  the  Chief  of  Ordnance. 
The  arms  used  are  manufactured  chiefly  in  the  United 
States  arsenals,  which  are  under  the  control  of  the  War 
Department.  The  arsenals  at  Springfield,  Massachu- 
setts, and  Rock  Island,  Illinois,  manufacture  rifles  and 
carbines;  and  that  at  West  Troy,  New  York,  cannon  and 
mortars. 

The  Corps  of  Engineers  is  in  charge  of  the  Chief  of 
Ensfineers.  The  duties  of  these  officials  are  to  locate  and 
construct  fortifications,  military  bridges,  and  light-houses; 
and  to  carry  on  the  w^ork  of  the  government  for  the  im- 
provement of  harbors  and  navigable  rivers. 

The  Chief  Signal  OflBcer  supervises  all  military  signal- 
ling, such  as  communicating  messages  from  distant  points 
by  the  use  of  flags,  the  heliograph,  flashlights,  and  similar 
devices.  He  is  also  charged  with  the  supervision  of  the 
construction  and  operation  of  all  military  telegraph  lines. 


The  United 
States 
militia  ry 
academy. 


The  United  States  military  academy  at  West  Point  was  founded 
in  1S02.  The  corps  of  cadets  is  made  up  of  one  cadet  from  each 
of  the  Congressional  districts,  one  from  each  of  the  Territories 
and  the  District  of  Columbia,  and  one  hundred  from  the  United 
States  at  large.  Prior  to  the  year  1900  there  were  only  ten 
cadets  at  large.     The  act  of  that  year  also  provided  that  thirty 


THE  CABINET 


251 


cadets  were  to  be  named  by  the  President  directly,  and  the  re- 
mainder apportioned  among  the  States.  They  all  receive  their 
appointments  from  the  President,  but  it  has  become  the  cus- 
tom for  the  Representatives  and  Delegates  to  select  those  from 
the  Congressional  districts  and  the  Territories.  An  appointment 
may  be  made  after  a  competitive  examination,  which  is  the 
usual  way,  or  without  such  a  test,  according  to  the  wishes  of 
the  Representative.  The  cadet  must  be  between  seventeen  and 
twenty-two  years  of  age.  Each  receives  $540  a  year  during 
the  four  years  of  his  course.  The  course  of  study  has  for  the 
principal  subjects:  mathematics,  French,  Spanish,  drawing,  tac- 
tics, physics,  chemistry,  geology,  history,  international  and  con- 
stitutional law,  civil  and  military  engineering,  and  the  science 
of  war.  Upon  graduation,  the  cadets  are  commissioned  as  second 
lieutenants  in  the  United  States  army.  In  case  there  are  more 
graduates  than  vacancies,  those  in  excess  are  honorably  dis- 
charged with  the  payment  of  one  year's  salary. 


The  Department  of  the  Navy 


The  duties  of  the  Secretary  of  the  Navy  pertain  to  the  Secretary 
construction,  manning,  arming,  equipping,  and  employ-  Navy. 
ment  of  war-vessels.  The  work  is  distributed  among  the 
following  bureaus:  navigation,  yards  and  docks,  equip- 
ment, ordnance,  construction  and  repair,  steam  engineer- 
ing, medicine  and  surgery,  supplies  and  accounts.  The 
chiefs  of  these  bureaus  are  officers  of  the  United  States 
navy. 

The  naval  observatory  at  Washington  is  under  the  direction  The  United 
of  the  Secretary  of  the  Navj';  also  the  naval  academy  at  An- 
napoHs,  established  in  1846.  One  cadet  is  allowed  in  the  naval 
academy  for  each  member  or  delegate  of  the  House  of  Representa- 
tives, one  for  the  District  of  Columbia,  and  tea  at  large.  Candi- 
dates for  admission,  at  the  time  of  their  examination,  must  be 
between  the  ages  of  fifteen  and  twenty  years.  The  nomination 
of  a  candidate  to  fill  a  vacancy  is  made  upon  recommendation  of 
a  Representative  or  Delegate,  if  made  before  July  1 ;  but  if  no 
recommendation  be  made  by  that  time,  the  Secretary  of  the 
Navy  fills  the  vacancy  by  appointing  an  actual  resident  of  the 


States 

naval 

academy. 


252 


THE  CABINET 


district  in  which  the  vacancy  exists.  The  President  selects  the 
candidates  at  large  and  the  cadet  for  the  District  of  Columbia. 
At  the  conclusion  of  the  six  years'  course,  two  of  which  are  spent 
at  sea,  the  graduates  are  assigned  in  order  of  merit  to  the  va- 
cancies that  may  have  occurred  in  the  lower  grades  of  the  line 
of  the  navy  and  of  the  marine  corps.  Cadets  who  are  not  as- 
signed to  service  after  graduation  are  honorably  discharged  and 
are  given  $500,  the  amount  they  have  received  each  year  of  their 
course  at  the  academy. 

The  Department  of  Justice 


Attorney- 
General. 


The  Attorney-General  is  the  legal  adviser  of  the  Presi- 
dent and  of  the  heads  of  the  departments.  He  supervises 
the  work  of  all  the  United  States  District  Attorneys  and 
Marshals,  and  is  assisted  by  the  Solicitor-General.  Unless 
otherwise  directed,  all  cases  before  the  Supreme  Court  and 
the  Court  of  Claims  in  which  the  United  States  is  a  party 
are  argued  by  the  Attorney-General  and  the  Solicitor- 
General.  The  law  officers  of  the  various  departments  are 
also  under  the  direction  and  control  of  the  Attorney- 
General. 


The  Post-Office  Department 


Postmas- 
ter-General. 


The  Postmaster-General  is  at  the  head  of  this  depart- 
ment. He  appoints  all  of  the  officers  of  the  depart- 
ment, with  the  exception  of  the  four  Assistant  Postmasters- 
General  and  6,900  Postmasters,  whose  salaries  are  not 
less  than  $1,000  and  whose  appointments  are  made  by 
the  President  with  the  consent  of  the  Senate.  The  Post- 
master-General may,  with  the  consent  of  the  President,  let 
contracts  and  make  postal  treaties  with  foreign  govern- 
ments. 


Universal  Since  1891,  the  United  States  has  been  a  member  of  the  Uni- 

Unlon.  versal  Postal  Union.     By  this  Union  over  fifty  distinct  powers 

became  parties  to  an  agreement  by  which  uniform  rates  of  post- 


THE  CABINET  253 

age  were  agreed  upon  and  every  facility  for  carrying  mails  in 
each  country  was  extended  to  all  the  others. 

There  are  four  bureaus  in  the  department,  each  in  charge  Bureaus  of 

_,  rr-i,  .  p    the  Post- 

of  an  Assistant  Postmaster-General.     1  he  appomtment  ot   office  De- 

p    ,  fy,  .1      partment. 

postmasters;  general  management  oi  the  post-othces  with 
their  clerks  and  carriers  is  under  the  direction  of  the  first 
Assistant.  The  second  Assistant  looks  after  the  transpor- 
tation of  the  mails;  the  third  Assistant  furnishes  stamps 
and  has  charge  of  the  finances;  while  the  fourth  Assistant 
among  other  duties  superintends  the  divisions  of  rural  de- 
livery and  dead  letters. 

The  Department  of  the  Interior 

The  Interior  Department,  under  the  supervision  of  the  The 
Secretary  of  the  Interior,  is  one  of  the  most  complex  and   of  the 

„     ,         ,  rr,,  .       .  Interior. 

important  of  the  departments,  ihere  are  two  Assistant 
Secretaries  in  the  department,  while  at  the  head  of  the 
other  offices  are  six  Commissioners  and  two  Directors. 

The   Commissioner  of  the   General  Land   Office  has  Commis- 

,  ,.       ,         1  I.      1  1     sioner  of 

charge  of  all  the  public  lands  or  the  government,  and   the  General 
supervises  the  surveys,  sales,  and  issuing  of  titles  to  this   Office. 
property.     (See  p.  283.) 

The  Commissioner  of  Education  is  the  chief  of  the  Commis- 
Bureau  of  Education.  This  bureau  has  charge  of  the  Education. 
collection  of  facts  and  statistics  relating  to  the  educa- 
tional systems  and  to  progress  along  educational  lines  in 
the  several  States  and  Territories,  and  also  in  foreign 
countries.  The  reports  issued  by  the  bureau  are  of  great 
value  to  those  interested  in  education.  The  Commis- 
sioner has  advisory  power  only,  except  in  Alaska.  Here, 
he  directs  the  management  of  the  schools. 

The  Commissioner  of  Pensions  supervises  the  examina-  Commis- 
tion  and  adjustment  of  all  claims  arising  under  the  laws  Pensions. 
of  Congress  granting  bounty  land  or  pensions  on  account 


254 


THE  CABINET 


Commis- 
sionei-  of 
Indian 
Affairs. 


of  services  in  the  army  or  navy  during  the  time  of  war. 
That  our  government  has  not  been  ungrateful  may  be 
gathered  from  the  report  of  the  Commissioner  for  1908, 
There  were  in  that  year  1,000,000  pensioners,  to  whom 
were  paid  approximately  $155,000,000. 

Prior  to  1871  the  Indian  tribes  were  treated  as  inde- 
pendent nations  by  the  United  States,  but  by  a  law  of 
that  year  the  general  government  was  made  the  guardian 
of  their  interests.  The  Commissioner  of  Indian  Affairs 
exercises  a  protecting  care  over  these  "wards"  by  direct- 
ing the  work  of  the  Indian  agents  and  of  the  superin- 
tendents of  Indian  schools. 


Indian 
reserva- 
tions. 


Director  of 
the 

Geological 
Survey. 


There  are  some  300,000  Indians  on  the  150  reservations  which 
are  situated  in  the  various  States  and  Territories.  The  lands  of 
these  reservations  are  held  in  common;  that  is,  the  ownership 
is  tribal  rather  than  individual.  It  is  the  policy  of  the  govern- 
ment, however,  to  bring  about  the  allotment  of  lands  "in  sev- 
eralty," and  thus  to  encourage  the  Indians  to  adopt  an  agricul- 
tural life.  The  Indians  are  only  partially  self-supporting.  Some 
tribes  derive  an  income  from  funds  which  are  the  proceeds  de- 
rived from  the  sales  and  cessions  of  their  lands.  The  National 
government  holds  this  money  in  trust  for  them,  and,  by  direct 
appropriation,  supplies  the  money,  food,  and  clothing  necessary 
to  complete  their  support.  The  expenditures  for  the  needs  of 
the  Indians  in  1902  were  $9,736,186.  Over  one-fourth  of  this 
sum  was  spent  in  their  education  in  Indian  schools,  numbering 
nearly  300,  which  are  under  the  direct  control  of  the  department. 

The  Director  of  the  Geological  Survey  has  gathered 
much  valuable  information  through  the  examination  of 
the  geological  structure,  mineral  resources,  and  mineral 
products  of  the  United  States.  He  has  charge,  also,  of 
the  survey  of  the  forest  reserves. 


THE  CABINET 


255 


The  Department  of  Agriculture 


The  duties  of  the  Secretary  of  Agriculture  are:  "To 
acquire  and  diffuse  among  the  people  of  the  United  States 
useful  information  on  subjects  connected  with  agriculture 
in  the  most  comprehensive  sense  of  that  word."  The 
activities  of  the  department  are  along  many  lines,  as  indi- 
cated by  the  names  of  the  bureaus  and  divisions. 

One  of  its  most  important  services  is  performed  in  the 
Bureau  of  Animal  Industry,  which  inspects  the  greater 
part  of  the  meat  products  exported  to  European  countries. 
The  law  providing  for  this  inspection  was  necessary  be- 
cause of  the  claim  in  European  markets  that  diseased  meats 
were  shipped  from  the  United  States.  An  inspection  is 
also  provided  for  live  animals  intended  for  exportation 
and  of  animals  imported.  Much  scientific  work  is  also 
devoted  to  the  study  of  the  various  diseases  of  animals. 

In  like  manner,  the  Division  of  Vegetable  Physiology 
and  Pathology  is  engaged  in  the  study  of  diseases  affect- 
ing trees,  and  that  of  Entomology  in  the  investigation  of 
injurious  insects. 

Continuous  advancement  is  being  made  by  the  gov- 
ernment toward  placing  the  agricultural  pursuits  upon 
a  more  scientific  basis.  Thus,  Congress,  in  1901,  recog- 
nized the  value  of  the  work  done  by  changing  the  Divi- 
sions of  Forestry,  of  Chemistry,  and  of  Soils  into  bureaus. 
A  Bureau  of  Plant  Industry  was  also  formed. 

Over  $100,000  are  expended  each  year  by  the  Division 
of  Seeds  in  the  purchase  of  "rare  and  valuable"  seeds, 
bulbs,  and  plants.  These  are  distributed  free  through- 
out the  country  for  the  purpose  of  fostering  the  intro- 
duction of  new  and  more  valuable  crops. 

Another  important  interest  is  carried  on  by  the  Office 
of  Public  Road  Inquiries.     Here  experiments  are  made 


Secretary 

of 

Agriculture. 


Bureau  of 

Animal 

Industry. 


Division  of 

Vegetable 

Physiology. 


New 
bureaus. 


Division 
of  Seeds. 


Public 

Road 

Inquiries. 


256 


THE  CABINET 


Weather 
Bureau. 


with  regard  to  the  best  system  of  road-making  and  the 
best  materials  to  be  used  for  that  purpose. 

Through  the  Weather  Bureau  daily  forecasts  and  warn- 
ings of  storms  are  sent  to  over  50,000  different  points;  and 
storm  signals  are  displayed  at  300  places  on  our  coasts. 
By  its  operation,  millions  of  dollars  are  saved  each  year 
to  the  agricultural  and  maritime  interests  of  the  country. 
A  recent  decree  of  the  Post-OfHce  Department  renders 
the  reports  of  the  bureau  of  still  greater  service.  Slips  of 
paper  having  the  storm,  frost,  or  other  warnings  printed 
on  them  are  to  be  distributed  by  the  rural  mail  carriers 
at  the  various  houses  in  the  districts  affected. 


Secretary 
of 

Commerce 
and  Labor. 


The  Department  of  Commerce  and  Labor 

Because  of  the  nature  of  the  subjects  assigned  to  this 
new  department,  it  will  rapidly  become  one  of  the  most 
important  of  the  departments.  At  its  head  is  a  Secretary. 
Strictly  speaking,  there  have  been  only  two  bureaus 
created  for  the  department,  the  others  having  been  trans- 
ferred from  the  other  departments.  The  new  bureaus 
are  those  of  Corporations  and  of  Manufactures.  The 
Commissioner  of  Corporations  is  expected  to  investigate 
the  organization,  conduct,  and  management  of  the  business 
of  corporations  and  other  combinations  engaged  in  inter- 
state commerce,  and  to  see  that  all  anti-trust  laws  enacted 
by  Congress  are  enforced.  The  duties  of  the  Commis- 
sioner of  Manufactures,  as  defined  by  the  law,  are  "to 
foster,  promote,  and  develop  the  various  manufacturing 
industries  of  the  United  States  and  markets  for  the  same 
at  home  and  abroad  by  gathering,  compiling,  publishing, 
and  supplying  all  available  and  useful  information  con- 
cerning such  industries  and  such  markets,  and  by  such 
other  methods  and  means  as  may  be  prescribed  by  the 
Secretary  or  provided  by  law." 


THE  CABINET  257 

The  President  is  given  the  power  to  transfer  to  the  depart- 
ment those  bureaus  in  other  departments  which  are  engaged 
in  scientific  or  statistical  work,  the  Interstate  Commerce  Com- 
mission and  the  scientific  di\isions  of  the  Agricultural  Depart- 
ment being  excepted.  The  oflSces  which  have  been  transferred 
are  as  follows:  the  Bureau  of  Statistics;  Census  and  Immigra- 
tion Bureaus;  Bureau  of  Foreign  Commerce  of  the  State  De- 
partment; the  Bureau  of  Standards  of  Weights  and  Measures; 
Bureau  of  Navigation  and  the  Shipping  Commissioners;  the 
Steamboat  Inspection  Service;  Fish  Commission;  Coast  and 
Geodetic  Survey;  and  Lighthouse  Board. 

The  Chief  of  the  Bureau  of  Statistics  collects  and  pub-  The  chief 
lishes  the  annual  statistics  on  commerce.*  ihese  reports  Bureau  of 
are  of  such  a  character  that  they  are  invaluable  to  the 
President  in  the  preparation  of  his  messages;  and  they 
are  used  extensively  by  the  Heads  of  Departments,  mem- 
bers of  Congress,  and  the  public.  Tariff  laws,  special 
legislation  for  particular  industries,  and  all  international 
trade  treaties  are  also  based  on  these  compilations.  The 
greatest  demand  is  for  the  Annual  Statistical  Abstract, 
which  presents  in  a  condensed  form  the  history  of  the  com- 
merce of  the  United  States  for  a  number  of  preceding  years. 

The   Commissioner  of  Immigration   superintends   the  TheCom- 
work  done  by  the  inspectors  of  immigrants.!     Every  im-  ofimmi- 
migrant  must  imdergo  a  rigid  examination  in  order  to  de- 

*  Monthly  reports  are  made  by  our  Consuls  on  improvements  in  agri- 
cultural and  manufacturing  processes.  These  reports  also  give  information 
regarding  good  markets  for  our  products  and  of  the  best  markets  in  which 
to  purchase  foreign  products.  Among  scores  of  similar  subjects,  our  Con- 
suls reported  during  one  year  on  the  following:  Agricultural  Machines  in 
Russia;  American  Apples  in  France;  American  Boots  and  Shoes  in  New 
Zealand;  Radium  Industry;  Wages  and  Cost  of  Living  in  Germany. 

t  During  the  year  ending  June  30.  1910,  there  arrived  in  the  United 
States  1,041,570  immigrant  aliens.  This  was  an  excess  of  289,784  over 
the  preceding  year;  191,049  could  neither  read  nor  write;  223,453  were 
Italians;  128,348  were  Polish;  and  the  other  chief  nationalities  in  order 
of  numbers  were  Hebrew,  German,  English,  Scandinavian;  24,270  were 
denied  admission  at  the  ports;  15,927  of  these  were  thought  likely  to  be- 
come a  public  charge;  3,033  had  some  communicable  disease;  and  1,786 
were  contract  laborers. 


258 


THE  CABINET 


Additional 
commis- 
sions and 
boards. 


termine  whether  he  belongs  to  any  of  the  prohibited  classes. 
(See  page  175.)  It  is  also  ascertained  whether  he  is  able 
to  read  and  write  and  whether  he  has  $50,  or,  if  less,  how 
much;  86  per  cent,  of  all  the  aliens  coming  in  1910  had 
less  than  $50  each.  Each  immigrant  pays  a  tax  of  four 
dollars,  which  sum  is  used  to  partially  defray  the  expenses 
of  the  bureau. 

There  have  also  been  created  at  different  times  commissions 
and  boards  having  executive  functions,  but  which  are  not  con- 
nected with  any  of  the  departments.  They  are  as  follows:  the 
Civil  Service  Commission,  described  on  p.  238;  the  Interstate 
Commerce  Commission,  described  on  p.  177;  the  Board  on 
Geographic  Names,  and  the  Industrial  Commission.  Special 
officials  and  boards  are  in  charge  of  the  National  Museum,  the 
Bureau  of  Ethnology,  the  Library  of  Congress,  the  Government 
Printing  Office,  and  the  Smithsonian  Institution.  The  Govern- 
ment Printing  Office  was  established  in  1861.  Facilities  for 
publishing  the  Congressional  debates,  reports  of  the  executive 
departments,  etc.,  have  been  greatly  multiplied  from  year  to 
year.  Some  15,000  copies  of  the  President's  annual  message 
and  12,000  copies  of  the  abridgment  of  the  message,  40,000 
copies  of  the  report  of  the  Commissioner  of  Education,  54,000 
of  the  Congressional  Directory,  and  other  reports  in  similar 
quantities  are  printed  each  year  for  free  distribution.  A  large 
extension  of  the  Government  Printing  Office  was  authorized  in 
1900  and  $2,429,000  were  appropriated  for  that  purpose.  It  is 
said  that  this  extension  will  constitute  it  the  largest  and  best 
equipped  printing  establishment  in  the  world. 

In  1829,  James  Smithson,  an  English  scientist,  gave  some 
$500,000  to  the  United  States  for  the  purpose  of  founding  at 
Washington,  "  an  establishment  for  the  increase  and  diffusion  of 
knowledge  among  men."  The  Smithsonian  Institution  is  nota- 
ble because  of  its  Museum,  which  offers  scientists  such  excellent 
opportunities  for  original  investigation. 


THE  CABINET  259 

Supplementary  Questions  and  References 

1.  Does  the  President  select  the  members  of  his  Cabinet  from 
among  former  members  of  Congress  ?     Would  this  be  desirable  ? 

2.  Have  the  members  of  the  Cabinet  ever  been  allowed  to  ap- 
pear before  Congress  in  the  interests  of  their  ovm  departments? 
Would  this  be  desirable?  Wilson,  Congressional  Government, 
257;  Walker,  The  Making  of  the  Nation,  92;  Bryce,  American 
Commonwealth,  I,  chapter  9;    Atl.  INIo.,  65  :  771-772. 

3.  Who  are  now  the  heads  of  the  executive  departments? 
Were  they  prominent  in  National  affairs  before  they  were  selected 
for  these  positions? 

4.  What  reasons  can  you  give  for  the  belief  that  other  depart- 
ments should  be  added  to  the  Cabinet? 

5.  Give  a  list  of  the  Presidents  who  have  been  Secretaries  of 
State.  How  do  you  account  for  this  policy  in  the  first  years  of 
our  government,  and  not  at  a  later  time?  Name  some  of  the 
other  prominent  Secretaries  of  State. 

6.  Who  are  our  Ambassadors  ?  Can  you  give  the  name  of  any 
foreign  Ambassadors  in  Washington  ?  See  Congressional  Direc- 
tory. 

7.  The  methods  by  which  our  ministers  are  selected,  take 
possession  of  their  offices,  and  are  presented  at  foreign  courts  are 
described  in  Curtis,  The  United  States  and  Foreign  Powers, 
15-21. 

8.  The  duties  of  ministers.  Curtis,  The  United  States  and 
Foreign  Powers,  22-26. 

9.  Ought  our  Ambassadors  to  be  changed  every  four  years? 
Our  Need  of  a  Permanent  Diplomatic  Service,  Forum,  25  :  702- 
711. 

10.  Are  our  Ambassadors  given  adequate  salaries?  Diplo- 
matic Pay  and  Clothes,  Forum,  27  :  24-32;  Curtis,  The  United 
States  and  Foreign  Powers,  13-14. 

11.  From  a  consular  report  learn  what  the  duties  of  a  Consul 
are.     Curtis,  The  United  States  and  Foreign  Powers,  30-33. 

12.  What  is  the  Great  Seal  of  the  United  States,  and  what  is 
its  use?     Harrison,  This  Country  of  Ours,  199-200. 

13.  What  is  the  particular  work  of  the  Marine  Department; 


260  THE  CABINET 

of  the  Steam-boat  Inspection  Service;  of  the  Marine  Hospital? 
Lyman  J.  Gage,  Organization  of  the  Treasury  Department, 
Cosmop.,  25  :  355-365. 

14.  What  is  the  work  of  the  Bureau  of  Engraving  and  Print- 
ing? Spofford,  The  Government  as  a  Great  Publisher,  Forum, 
19  :  338-349. 

15.  What  is  the  extent  of  our  Merchant  Marine?  Should  it 
be  increased?  Statistical  Abstract  of  the  United  States,  1900, 
437-450. 

16.  From  the  last  report  of  the  Bureau  of  Statistics  find  an- 
swers for  the  following:  The  expenditures  of  the  government  in 
the  different  departments;  in  what  branches  there  was  a  large 
increase  in  1899;  value  of  merchandise  imported  and  exported; 
amounts  of  corn,  wheat,  cotton,  wool,  and  iron  produced,  im- 
ported, and  exported;  the  chief  nationalities  of  immigrants,  and 
comparison  of  the  total  number  with  previous  years. 

17.  Are  our  coasts  well  defended  ?  Harrison,  This  Country  of 
Ours,  225. 

18.  For  illustrated  articles  on  Education  at  West  Point  and 
Annapolis,  see  Outlook,  59  :  825-837;  839-849. 

19.  How  does  the  amount  of  money  paid  for  pensions  by  the 
United  States  compare  with  that  of  other  nations?  Forum,  12  : 
645-651. 

20.  Has  the  pension  policy  of  our  government  been  a  wise  one  ? 
N.  Am.  Rev.,  153:205-214;  156:416-431;  618-630;  Cen. 
Mag.,  42  :  179-188;  790-792;  46  :  135-140;  Forum,  12  :  423- 
432;  15  :  377-386;  439-451;   522-540. 

21.  For  accounts  of  the  new  Congressional  Library,  see  Cen. 
Mag.,  53  :  682-711;  Ad.  Mo.,  85  :  145-158;  Cosmop.,  23  :  10-20. 


CHAPTER  XXVI 
THE  JUDICIARY 
Alexander   Hamiltox   characterized   the   lack   of  a  Lack  of  a 

•  1    c  (•  1         judiciary 

ludiciarv  as  the  crowning  detect   ot    government    under  under  the 

J  -^  ®  ®  Confedera- 

the  Confederation.       Laws,    he  wrote,     are  a  dead  letter  tion.     The 

,,,„,.  .  federalist, 

without  courts  to  expound  and  denne  their  true  meaning  No.  22. 
and  operation."  Judicial  powers  were  vested  in  the  Con- 
tinental Congress  or  in  the  agents  of  that  body.  The 
conviction  that  the  Federal  Judiciary  should  constitute 
one  of  three  independent  parts  of  the  government  was 
general  in  the  Constitutional  Convention,  and  after  a  brief 
discussion,  this  was  provided  for  as  follows: 

The  judicial  power  of  the  United  States  shall  be  vested  Article  in, 

n  y^  1    •  1     '    f     •  7       section  1. 

in  one  Supreme  Court,  and  m  such  inferior  courts  as  the 
Congress  may  from  time  to  time  ordain  and  establish.  The 
judges,  both  of  the  Supreme  and  inferior  courts,  shall  hold 
their  offices  during  good  behavior,  and  shall,  at  stated  times, 
receive  for  their  services  a  compensation  which  shall  not  be 
diminished  during  their  continuance  in  office. 

Congress  carried  out  the  provisions  of  this  section  by  Judiciary 
passing  the  judiciary  act  of  1789.  This  act  provided  that 
the  Supreme  Court  should  consist  of  a  Chief  Justice  and 
five  Associates.  District  Courts  and  Circuit  Courts  were 
also  created  by  it  and  their  functions  as  inferior  courts  were 
defined. 

The  Supreme  Court,  at  present,  consists  of  the  Chief  The 
Justice  and  eight  Associate  Justices.     It  holds  one  ses-  Court. 
sion  annually,  at  Washington,  beginning  on  the  second 
Monday  in  October  and  continuing  until  about  May  1. 

261 


262 


THE   JUDICIARY 


Circuit 
Courts  of 
Appeals. 


District 
Courts. 


By  the  law  of  1891,  nine  Circuit  Courts  of  Appeals 
were  established  for  each  of  which  a  Circuit  Judge  was 
provided.  The  Circuit  Courts  of  Appeals  consist  of  three 
judges  each,  any  two  constituting  a  quorum.  The  judges 
eligible  to  sit  in  one  of  these  courts  are:  the  Supreme 
Court  Judge  assigned  to  the  Circuit,  the  Circuit  Judges, 
and  the  District  Judges  of  that  circuit. 

The  territory  of  the  United  States  has  been  divided 
into  judicial  districts,  none  of  them  crossing  State  lines 
and  each  having  a  District  Court. 


Congres- 
sional 
Directory, 
1911. 


Indian  Territory,  New  York,  and  Texas  have  each  four  districts; 
Alabama,  Pennsylvania,  and  Tennessee  three  each;  Arkansas, 
California,  Florida,  Georgia,  Illinois,  Iowa,  Kentucky,  Louisiana, 
Mississippi,  Michigan,  Missouri,  North  Carolina,  Ohio,  Oklahoma, 
Virginia,  Washington,  Wisconsin,  and  West  Virginia  two  each; 
and  the  remaining  States  have  each  a  single  district.  New 
Mexico  constitutes  a  district,  likewise  Alaska,  Arizona,  and 
Hawaii.  Generally  there  is  a  judge  for  each  district,  but  a  single 
judge  is  at  times  assigned  to  two  districts. 


United 

States 

District 

Attorneys 

and 

Marshals. 


A  District  Attorney  and  Marshal  are  appointed  by  the 
President  for  each  District.  The  United  States  District 
Attorney  is  required  to  prosecute  all  persons  accused  of 
the  violation  of  Federal  law  and  to  appear  as  defendant 
in  cases  brought  against  the  government  of  the  United 
States  in  his  district.  The  United  States  Marshals,  in 
general,  perform  duties  connected  with  the  enforcement 
of  the  Federal  laws  which  resemble  the  duties  of  sheriffs 
under  State  laws. 


Circuit 
Courts. 


Established  by  the  act  of  1789,  each  Circuit  Court  was,  at  first, 
presided  over  by  a  Justice  of  the  Supreme  Court  and  a  District 
Judge.  The  policy  was  to  have  as  many  Circuit  Courts  as  there 
were  Justices  of  the  Supreme  Court.  It  was  not  until  1869  that 
a  Circuit  Judge  was  provided  for  each  of  the  nine  circuits.  By  an 
act  of  1911,  in  response  to  the  agitation  for  a  simplified  Federal 
judicial  system  and  greater  expedition  in  the  hearing  of  cases, 


THE  JUDICIARY 


263 


the  Circuit  Courts  were  abandoned,  judges  of  these  courts  were 
transferred  to  the  Circuit  Courts  of  Appeals. 

The  Court  of  Claims  was  established  in  1855  and  con- 
sists of  a  Chief  Justice  and  four  Associates.  It  holds  an 
annual  session  in  Washington. 


Court  of 
Claims. 


That  the  Judiciary  should  be  independent  of  parties  and  of  Terms  and 
other  influences  cannot  be  questioned.  Hence  the  wisdom  of  judge^^.  ° 
the  provision  that  United  States  Judges  shall  hold  their  offices 
during  good  behavior  and  shall  receive  a  compensation  for  their 
ser\'ices  which  shall  not  be  diminished  during  their  continuance 
in  office.  The  Constitution  states  that  Judges  of  the  Supreme 
Court  shall  be  appointed  by  the  President  with  the  consent  of 
the  Senate.  It  has  been  interpreted  that  the  Judges  of  the  in- 
ferior courts  are  to  receive  their  appointments  in  like  manner. 

By  an  act  of  Congress  of  1911,  the  salary  of  the  Chief  Justice 
was  fixed  at  $15,000  per  annum;  that  of  Associate  Justices, 
$14,500;  and  District  Judges,  $6,000.  There  is  an  allowance 
for  expenses  of  judges  not  to  exceed  $10  a  day.  Any  Judge  who 
has  reached  the  age  of  seventy  years,  and  has  served  ten  years, 
may  retire  on  full  pay  for  life. 

We  are  next  to  consider  the  jurisdiction  of  the  sev- 
eral courts  that  have  been  described. 

The  judicial  power  shall  extend  to  all  cases,  in  law  and  Section  2, 
equity,  arising  under  this  Constitution,  the  laivs  of  the 
United  States,  and  treaties  made,  or  which  shall  be  made, 
under  their  authority; — to  all  cases  affecting  Ambassadors, 
other  public  ministers  and  Consuls; — to  all  cases  of  admi- 
ralty and  maritime  jurisdiction; — to  controversies  to  which 
the  United  States  shall  be  a  party; — to  controversies  be- 
tiveen  ttvo  or  more  States; — between  a  State  and  citizens 
of  another  State; — between  citizens  of  different  States; — be- 
tween citizens  of  the  same  State  claiming  lands  under  grants 
of  different  States,  and  between  a  State,  or  the  citizens  there- 
of, and  foreign  states,  citizens  or  subjects. 

In  all  cases  affecting  Ambassadors,  other  public  minis-  Section  2, 
ters  and  Consuls,  and  those  in  which  a  State  shall  be  party, 


264 


THE  JUDICIARY 


Bryce, 
American 
Common- 
wealth, I, 
237-240. 


Extent  of 
the  judicial 
power. 


the  Supreme  Court  shall  have  original  jurisdiction.  In  all 
the  other  cases  before  mentioned,  the  Supreme  Court  shall 
have  appellate  jurisdiction,  both  as  to  law  and  fact,  with 
such  exceptions,  and  under  such  regulations  as  the  Con- 
gress shall  make. 

Speaking  of  the  position  of  the  Supreme  Court  in  our 
judicial  system,  Mr.  Bryce  says: 

"No  feature  of  the  government  of  the  United  States 
has  awakened  so  much  curiosity  in  the  European  mind, 
caused  so  much  discussion,  received  so  much  admiration 
and  been  more  frequently  misunderstood,  than  the  duties 
assigned  to  the  Supreme  Court  and  the  functions  which 
it  discharges  in  guarding  the  ark  of  the  Constitution." 

A  careful  consideration  of  clause  1  of  this  section  shows 
the  wide  extent  of  the  powers  of  the  United  States  Courts. 
It  shows  too  the  desirability  of  having  all  such  cases  under 
their  jurisdiction  rather  than  under  the  authority  of  the 
State  courts.  This  jurisdiction  applies  to  two  classes  of 
cases.  One  class  has  to  do  with  the  nature  of  the  ques- 
tions involved,  as  in  all  those  cases  arising  out  of  the 
Constitution,  laws,  and  treaties  of  the  United  States,  and 
admiralty  and  maritime  cases.  The  other  class  of  cases 
arises  because  of  the  parties  to  the  suits,  as.  Ambassadors, 
Consuls,  two  or  more  States,  citizens  of  different  States,  etc. 


state  as 
plaintiff. 
The  Fed- 
eralist, 81. 


The  provisions  here  made,  that  the  judicial  power  shall  extend 
to  controversies  between  a  State  and  citizens  of  another  State, 
and  between  a  State  and  the  citizens  or  subjects  of  a  foreign 
state,  were  doubtfess  intended  to  apply  only  to  suits  in  which 
a  Stateishould  attempt,  as  plaintiff,  to  secure  justice  in  a  Federal 
Court.  But,  contrary  to  expectation,  suits  were  early  brought 
against  some  of  the  States  by  citizens  of  other  States  to  enforce 
the  payment  of  debts  and  other  claims.  In  the  notable  case 
of  Chisholm  vs.  Georgia  in  1793,  Chisholm,  a  citizen  of  North 
Carolina,  began  action  against  the  State  of  Georgia  in  the  Su- 
preme Court  of  the  United  States.  That  court  interpreted  the 
clause  as  applying  to  cases  in  which  a  State  is  defendant,  as  well 


THE  JUDICIARY  265 

as  to  those  in  which  it  is  plaintiff.  The  decision  was  received 
with  disfavor  by  the  States,  and  Congress  proposed  the  Xlth 
Amendment  to  the  Constitution,  which  was  ratified  in  1798  and 
reads  as  follows: 

The  judicial  'power  of  the  United  States  sJmll  not  be  con-  Amend-^ 
strued  to  extend  to  any  suit  in  law  or  equity,  commenced  or 
prosecuted  against  one  of  the  United  States,  by  citizens  of 
another  State,  or  by  citizens  or  subjects  of  any  foreign  state. 

The  Supreme  Court  has  original  iurisdiction  in   "all  Original 

,,,...  J     and 

cases  affectino;  Ambassadors,  other  public  ministers,  and   appellate 

,     ,,    ,  ,,    junsdction. 

Consuls,  and  those  in  which  a  State  shall  be  a  party. 
By  original  jurisdiction  is  meant  that  these  cases  may 
be  begun  m  the  Supreme  Court.  Other  cases  come  to  the 
Supreme  Court  from  the  inferior  United  States  Courts  or 
from  the  Supreme  Courts  of  the  States  and  Territories  by 
appeal  or  by  writ  of  error.*  In  these  cases  the  Supreme 
Court  is  said  to  have  appellate  jurisdiction. 

It  is  diflBcult  in  brief  space  to  define  minutely  the  province 
of  each  court.  The  following  accounts,  therefore,  give  only  a 
general  description. 

The  Circuit  Courts  of  Appeals  are  given  final  jurisdiction  in   jurisdic- 
certain  cases  appealed  to  them  from  the  District,  such  as  those    inferior 
arising  under  the  patent,  revenue,  and  criminal  laws,  as  well  as   ^9J:'J'^?^ 
admiralty  and  other  cases  in  which  the  opposing  parties  to  a   Courts  of 
suit  are  an  alien  and  a  citizen,  or  are  citizens  of  different  States.    26  Statutes 
The  Supreme  Court  has  thus  been  partially  relieved  from  an   |?,gLarge, 
over-crowded  docket.     But  jurisdiction  in  these  cases  may  be 
assmned  by  the  Supreme  Court  if  it  desires  to  do  so. 

The  jurisdiction    of  the    District  Courts    embraces  criminal    District 
cases,  admiralty  cases,  bankruptcy  proceedings,  suits  for  penalties, 
and  the  hke.     The  jurisdiction  of  cases  formerly  in  the  Circuit 
Courts  was  transferred  to  the  District  Courts  when  the  Circuit 
Courts  were  discontinued.     These  courts  had  original  jurisdic- 

*  A  writ  of  error  is  defined  to  be  "a  process  which  removes  the  record 
of  one  court  to  the  possession  of  another  court,  and  enables  the  latter  to 
inspect  the  proceedings,  and  give  such  judgment  as  its  own  opinion  of 
the  law  and  justice  of  the  case  may  warrant." 


266 


THE  JUDICIARY 


Court  of 
Claims.     10 
Statutes  at 
Large,  612. 


Territorial 
Courts. 


The  right 
of  jury 
trial. 


Section  2, 
clause  3. 


Amend- 
ment V. 


tion  in  patent  and  copyright  cases;  in  cases  brought  by  the  United 
States  against  national  banks;  and  in  ordinary  civil  actions, 
where  the  amount  involved,  exclusive  of  interest  and  costs,  was 
at  least  $2,000.  Where  the  amount  is  less,  the  case  must  be 
tried  in  a  State  court.  ' 

The  Court  of  Claims  is  composed  of  a  Chief  Justice  and  four 
Associate  Justices.  Claims  against  the  Federal  government, 
pension  claims  excepted,  are  heard  by  this  court.  The  judg- 
ments of  the  Court  are  referred  to  Congress  and  appropriations 
are  made  to  cover  them. 

The  Courts  of  the  District  of  Columbia  and  of  the  Territories 
are  under  the  control  of  Congress,  but  are  not  Federal  Courts. 
Judges  of  these  courts  are  appointed  in  the  same  manner  as  other 
United  States  Judges,  but  their  appointment  is  only  for  a  term 
of  four  years. 

The  right  of  trial  by  jury  in  all  criminal  cases  had 
been  insisted  upon  by  Englishmen  for  centuries  prior 
to  the  formation  of  our  Constitution.  There  were  two 
branches  to  the  system,  the  grand  and  the  petit  juries. 
Each  performed  the  same  duties  as  they  do  now.  The 
Constitution  provides  that 

The  trial  of  all  crimes,  except  in  cases  of  impeachment, 
shall  be  by  jury,  and  such  trial  shall  be  held  in  the  State 
where  the  said  crime  shall  have  been  committed;  but  when 
not  committed  within  any  State,  the  trial  shall  be  at  such 
place  or  places  as  the  Congress  may  by  law  have  directed. 

This  clause  was  attacked  by  the  opponents  of  the 
Constitution  in  the  State  conventions.  It  was  believed 
that  the  Constitution  did  not  furnish  adequate  safeguards 
against  unjust  prosecutions.  Because  of  this  agitation. 
Congress,  in  its  first  session,  proposed  the  following  Amend- 
ments, which  were  duly  ratified  by  the  several  States: 

No  person  shall  be  held  to  answer  for  a  capital,  or  other- 
wise infamous  crime,  unless  as  a  presentment  or  idict- 
ment  of  a  grand  jury,  except  in  cases  arising  in  the  land 
or  naval  forces,  or  in  the  militia,  when  in  actual  service  in 
time  of  war  or  public  danger;  nor  shall  any  person  be  sub- 


THE   JUDICIARY  267 

jeet  for  the  same  offence  to  be  twice  put  in  jeopardy  of  life 
or  limb;  nor  shall  be  compelled  in  any  criminal  case  to  be 
a  vntness  against  himself,  nor  be  deprived  of  life,  liberty, 
or  property,  without  due  process  of  law;  nor  shall  private 
property  be  taken  for  public  use,  without  just  compensation. 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  Amend- 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of 
the  State  and  distinct  wherein  the  crime  may  have  been 
commmitted,  which  district  shall  have  been  previously  ascer- 
tained by  law,  and  to  be  informed  of  the  nature  and  cause 
of  the  accusation;  to  be  confronted  with  the  ivitnesses  against 
him;  to  have  compidsory  process  for  obtaining  witnesses  in 
his  favor,  and  to  have  the  assistance  of  counsel  for  his  de- 
fence. 

hi  suits  at  common  law,  where  the  value  in  controversy   Amend- 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall 
be  preserved,  and  no  fact  tried  by  a  jury  shall  be  otherwise  re- 
examined in  any  court  of  the  United  States,  than  according 
to  the  rides  of  the  common  law. 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  Amend- 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

Authorities  have  had  difficulty  in  giving  an  exact  defi-  infamous 


crimes. 


nition  of  an  infamous  crime.     That  given  by  Judge  Cooley  Cooiey, 

°  .  Principles 

is  the  most  satisfactory.     He  says:    "But  the  punishment  ofConsti- 

•  •  1  11  1   •     p  tutional 

of  the  penitentiary  must  always  be  deemed  infamous,  and  Law,  291. 
so  must  any  punishment  that  involves  the  loss  of  civil 
or  political  privileges." 

A  grand  jury  consists  of  from  twelve  to  twenty-three  Grand 
men.  "  They  are  sworn  to  inquire  and  present  all  offences 
committed  against  the  authority  of  the  National  govern- 
ment Muthin  the  State  or  district  for  which  they  are  im- 
panelled, or  elsewhere  within  the  jurisdiction  of  the  Na- 
tional government.  They  sit  in  secret  and  no  accusation 
can  be  made  by  them  without  the  concurrence  of  at  least 
twelve.     After  hearing  the  evidence,   if  the  grand  jury 


268 


THE   JUDICIARY 


Rights  of 

the 

accused. 


Right  of 
eminent 
domain. 


concludes  that  the  accusation  is  not  true  they  write  on  the 
back  of  the  bill,  "not  a  true  bill"  or  "not  found."  The 
accused,  if  held  in  custody,  is  then  given  his  freedom,  but 
he  may  again  be  indicted  by  another  grand  jury.  If  the 
grand  jury  decides  that  the  accusation  is  true  they  then 
write  on  the  back  of  the  bill,  "a  true  bill"  or  "found." 
The  indicted  person  must  be  held  to  answer  the  charges 
made  against  him.* 

The  accused  must  be  given  a  public  and  speedy  trial 
before  an  impartial  jury,  known  as  the  petit  jury,  con- 
sisting of  twelve  men  from  the  district  wherein  the  crime 
was  committed.  The  decision  must  be  unanimous  be- 
fore a  verdict  can  be  rendered.  The  accused  is  given  a 
copy  of  the  indictment  in  which  the  nature  of  the  accusa- 
tion is  clearly  set  forth  and  is  granted  time  in  which  to 
prepare  for  his  defence.  Equally  just  and  significant  are 
the  provisions  that  he  shall  be  confronted  by  the  witnesses 
against  him;  may  compel  the  attendance  of  witnesses  in 
his  favor;  and  may  employ  counsel  for  his  defence.  In 
case  he  is  not  able  to  pay  for  his  own  counsel  the  judge 
appoints  one  whose  services  are  paid  for  out  of  the  public 
treasury.  If  the  verdict  has  been  rendered  by  a  jury  and 
the  judgment  pronounced,  the  accused  cannot  be  again 
brought  to  trial  on  the  same  charge. 

The  right  of  "eminent  domain"  is  properly  vested  in 
the  government.  By  this  right  private  property  may  be 
taken  for  public  uses  after  the  payment  of  a  just  price. 
The  rights  guaranteed  the  accused  by  these  Amendments 
are  chiefly  derived  from  the  principles  of  the  common  law. 
(See  p.  95.) 


Treason  Treason  has  always  been  regarded  as  one  of  the  worst  of 

under  the      offences  and  is  punished  by  the  severest  penalties.     Under  the 

common  i-  j  r- 

law.  early  common  law,  it  rested  with  the  judges  to  declare  what  acts 

*  For  the  grand  jury  system  of  some  States  and  definition  of  indict- 
ment and  presentment,  consult  p.  63. 


THE  JUDICIARY  269 

were  treasonable.  Judges  became  mere  tools  in  the  hands  of 
despotic  rulers  and  were  induced  to  declare  certain  conduct 
treasonable  which  had  not  previously  been  so  regarded.  In  the 
time  of  Edward  III,  the  English  Parliament  attempted  to  pro- 
hibit these  abuses  by  giving  a  definition  of  treason.  The  sub- 
stance of  two  of  the  five  articles  of  this  statute  were  made  a 
part  of  our  Constitution  in  the  following: 

Treason  aqainst  the  United  States  shall  consist  only  in   Article  iii. 

.  ,  .  n       '  ,      .7     •  •  sections, 

levying  war  against  them  or  m  adhering  to  their  enemies,   clause  i. 
giving  them  aid  or  comfort.     No  person  shall  be  convicted  of  treason 
of  treason  unless  on  the  testimony  of  two  witnesses  to  the 
same  overt  act,  or  on  confession  in  open  court. 

The  Congress  shall  have  power  to  declare  the  punishment  Sectioii  3. 
of  treason,  but  no  attainder  of  treason  shall  work  corruption 
of  blood  or  forfeiture,  except  during  the  life  of  the  person 
attainted. 

Parties  to  a  conspiracy  cannot  be  considered  traitors   who  are 

„  ,11  !■        ,1  •  traitors. 

until  they  have  actually  assembled  men  lor  the  carrymg 
out  by  force  of  some  treasonable  purpose.     "All  persons 
who  then  perform  any  act,  however  minute,  or  however 
remote  from  the  scene  of  action,  and  who  are  actually 
leagued  in  the  general  conspiracy,  are  to  be  considered 
traitors.     And  one  is  adherent  to  the  enemies  of  the  coun-  ^"{Jl^y;,^^ 
try,  and  giving  them  aid  and  comfort,  when  he  supplies  °/^^°f^'^*^;j; 
them  with  intelligence,  furnishes  them  with  provisions  or  288. 
arms,  treacherously  surrenders  to  them  a  fortress  and  the 
like." 

Supplementary  Questions  and  References 

1.  What  are  the  names  of  the  members  of  the  Supreme  Court 
at  present?    See  Congressional  Directory. 

2.  How  large  is  the  district  in  which  your  home  is  located? 
Who  are  the  judges?     See  Congressional  Directory. 

3.  Under  what  conditions  may  a  case  be  appealed  from  the 
Supreme  Court  of  the  State  to  the  United  States  Supreme  Court? 
Bryce,  American  Commonwealth,  I,  232-234. 


270  THE   JUDICIARY 

4.  How  is  the  fact,  that  conflicts  between  the  authority  of  the 
Federal  and  the  State  Courts  do  not  arise,  accounted  for  ?  Bryce, 
I,  238. 

5.  Are  the  United  States  Courts  influenced  in  their  decisions 
by  politics?     Bryce,  I,  265-267. 

6.  Describe  the  influence  of  John  Marshall  as  Chief  Justice. 

a.  John   Marshall,   American  Statesman  Series,  chapters 

10  and  11. 
h.  Bryce,  I,  267. 

c.  Lodge,  John  Marshall,  Statesman,  N.  Am.  Rev.,  172  : 

191-204. 

d.  John  Marshall,  Atl.  Mo.,  87  :  328-341. 

7.  Show  how  the  development  of  our  Constitution  by  interpre- 
tation has  been  brought  about.     Bryce,  I,  376-385. 


CHAPTER  XXVTI 

RELATIONS   BETWEEN  THE  STATES  AND   BETWEEN 
FEDERAL  GOVERNMENT  AND  THE  STATES 

Full  faith  and  credit  shall  be  given  in  each  State  to  the   Article  iv. 
public  acts,  records,  and  judicial  proceedings  of  every  other 
State.     And  the  Congress  may  by  general  laics  prescribe  the 
TTianner  in  which  such  acts,  records,  and  proceedings  shall 
be  proved,  and  the  effect  thereof. 

The  citizens  of  each  State  shall  be  entitled  to  all  the  priv-  Section  2. 

,.  ..  /•••  "7  in  clause  1. 

lieges  and  immunities  of  citizens  m  the  several  States. 

A  person  charged  in  any  State  with  treason,  felony,  or  Section  2, 
other  crime,  who  shall  flee  from  justice,  and  be  found  in  an- 
other State,  shall,  on  demand  of  the  Executive  authority  of 
the  State  from  which  he  fled,  be  delivered  up,  to  be  removed 
to  the  State  having  jurisdiction  of  the  crime. 

No  person  held  to  service  or  labor  in  one  State,  under  the  Section  2, 

7  7  /■  •         •  T  7     71    "  j»  clause  3. 

laws  thereof,  escaping  into  another,  shall  m  consequence  of 
any  law  or  regulation  therein,  be  discharged  from  such 
service  or  labor,  but  shall  be  delivered  up  on  claim  of  the 
party  to  whom  such  service  or  labor  may  be  due. 

The  Constitution  was  intended  to  form  a  more  com-  state 

records 

plete  bond  between  the  States.  This  union  would  be 
weakened  and  give  rise  to  endless  litigation  and  injus- 
tice were  the  legislative  acts,  records,  and  proceedings 
of  the  courts  of  one  State  not  given  the  same  credit  in 
every  State  as  in  that  where  they  originated.  Legisla- 
tive acts  are  made  authentic  by  having  the  State  seal 
affixed.  The  record  of  a  court  is  "proved"  through  the 
signature  of  the  clerk  and  judge  and  affixing  of  the  seal  of 
the  court  where  there  is  one. 

271 


272    RELATIONS  BETWEEN  THE  STATES 


Fugitive 
criminals. 


Justice 
Miller  on 
the  Consti- 
tution, 637, 
638. 


Section  4. 
Protection 
of  the 

States  by 
the  Na- 
tional gov- 
ernment. 


Protection 

against 

invasion. 


Extradition  is  the  delivering  up  to  justice  of  fugitive 
criminals  by  the  authorities  of  one  State  or  country  to 
those  of  another.  The  necessity  for  such  a  regulation  is 
evident,  for  a  criminal  from  justice  might  easily  escape 
into  a  neighboring  State.  "The  responsibility  of  deter- 
mining whether  the  person  demanded  is  a  fugitive  from 
the  justice  of  the  demanding  State  rests  with  the  Executive 
of  the  State  or  Territory  in  which  the  accused  is  found. 
The  case  of  the  demanding  State  should  be  presented  in 
some  official  form;  either  by  official  copy  of  an  indictment, 
or  by  a  complaint  under  oath.  The  right  to  demand  sur- 
render and  the  obligation  to  comply  with  the  demand  ex- 
tend to  all  crimes  and  offences  made  punishable  by  the 
laws  of  the  State  where  the  offence  was  committed;  but  if 
the  Governor  of  the  State  in  which  the  accused  is  found 
refuses  to  surrender  him  he  cannot,  through  the  judi- 
ciary, be  compelled  to  deliver  him  up."  The  privilege 
of  extradition  between  nations  is  secured  by  treaty  re- 
lations. 

The  United  States  shall  guarantee  to  every  State  in  this 
Union  a  republican  form  of  government,  and  shall  protect 
each  of  them  against  invasion;  and  on  application  of  the 
legislature,  or  of  the  executive  (when  the  legislature  cannot 
be  convened),  against  domestic  violence. 

It  was  natural  that  the  Constitution  should  guarantee 
to  the  States  the  form  of  government  with  which  the 
framers  of  that  instrument  were  most  familiar  and  which 
would  be  most  in  keeping  with  the  Federal  union  they 
hoped  to  see  established. 

Any  protection  afforded  a  State  against  invasion  sig- 
nifies the  protection  of  the  Nation.  Since  the  States  are 
forbidden  to  keep  troops  and  ships  of  war  in  time  of 
peace,  they  must,  if  invaded,  be  dependent  upon  the  gen- 
eral government.  In  such  a  case  the  President  has  been 
authorized  by  law  to  use  the  army  and  navy  of  the  United 


violence. 


RELATIONS  BETWEEN  THE  STATES    273 

States,  or  call  the  militia  into  service,  to  furnish  the  needed 
protection,  even  if  the  State  has  not  applied  for  aid. 

Each  State  is  supposed  to  possess  the  power  of  enforc-  Protection 
ing  its  o\\Ti  laws,  and  is  of  right  protected  in  the  exercise  domestic 
of  this  prerogative.  In  case  of  an  insurrection,  the  State 
militia  is  sent  by  order  of  the  Governor  to  suppress  it. 
But  should  they  fail  to  restore  order,  the  legislature,  or 
the  executive  (when  the  legislature  cannot  be  convened), 
applies  to  the  President  for  military  aid.  If  the  uprising 
has  interfered  in  any  way  with  the  carrying  out  of  the  laws 
of  the  Nation,  the  President  may,  at  his  discretion,  send 
troops  to  suppress  it  without  having  been  asked  to  do  so 
by  the  legislature  or  the  Governor.  There  was  a  notable 
illustration  of  this  point  during  the  time  of  the  Chicago 
riots,  in  July,  1894.* 

*  See  American  History,  p.  493. 


CHAPTER  XXVIII 


TERRITORIES  AND  PUBLIC  LANDS 


The 

Northwest 
Territory. 


The  power 
to  govern 
Territories. 


Article  IV, 
section  3, 
clause  2. 


When  the  Constitution  was  adopted,  the  National  gov- 
ernment possessed  a  vast  tract  of  land  lying  north  of 
the  Ohio  River  and  extending  to  the  Great  Lakes  and 
the  Mississippi  River.*  This  region  had  been  owned  by 
several  of  the  original  States  (viz.,  Massachusetts,  Con- 
necticut, New  York,  and  Virginia) ;  but  their  claims  were 
conflicting  and  each  finally  agreed  to  cede  its  portion 
to  the  general  government.  This  occurred  during  the 
period  of  the  Confederacy.  Although  entirely  without 
legal  authority  to  do  so  under  the  Articles  of  Confedera- 
tion, Congress  established  a  Territorial  government  for 
the  "Territory  of  the  United  States  lying  north  and  west 
of  the  Ohio  River,"  by  the  enactment  of  the  Ordinance 
of  1787.  The  first  Congress  under  the  Constitution  re- 
enacted  this  Ordinance,  and  thus  entered  at  once  upon 
the  government  that  it  has  since  maintained  over  the 
Territories  of  the  United  States.  Congress  exercises  this 
power  by  virtue  of  the  authority  expressly  delegated  to  it 
in  the  following  clause. 

The  Congress  shall  have  power  to  dispose  of  and  make 
all  needful  rides  and  recjidations  respecting  the  territory  or 
other  property  belonging  to  the  United  States;  and  nothing 
in  this  Constitution  shall  he  so  construed  as  to  prejudice  any 
claims  of  the  United  States,  or  of  any  particular  State. 

First  the  Northwest  Territory,  and  later  the  various 
parts  of  it  (Ohio,  Indiana,  etc.),  were  governed  as  Ter- 

*  For  a  fuller  treatment  of  the  topics  that  follow,  see  American  His- 
tory, 184-190. 

274 


TERRITORIES  AND  PUBLIC  LANDS     275 

ritories;  afterwards,  when  the  Louisiana  purchase,  the 
Mexican  cession,  and  the  Oregon  region  were  acquired, 
Territories  were  organized  there.  The  Territorial  form  of 
government  was  an  intermediate  stage  preparatory  to  the 
admission  of  new  regions  as  States. 

The  government  of  Hawaii  corresponds  in  most  re-  Territorial 
spects  to  that  which  existed  ahnost  since  the  foundation  of  govem- 

.  ,  .        .  ment. 

the  government  in  the  continental  Territories.  The  execu- 
tive is  a  governor  appointed  for  four  years  by  the  President, 
who  also  appoints  a  Secretary.  The  administrative  officers 
— Treasurer,  Auditor,  Attorney-General,  Superintendent  of 
Instruction,  and  others — are  appointed  by  the  Governor 
and  Senate  of  Hawaii.  The  judiciary  consists  of  judges  ap- 
pointed by  the  President.  The  Territorial  legislature  has 
two  houses,  the  Senate  and  the  House  of  Representatives, 
the  members  of  which  are  elected,  from  districts,  by  popu- 
lar vote.  The  legislature  resembles  a  State  legislature  in 
its  control  of  Territorial  affairs;  but  its  laws  may  be 
modified  or  entirely  annulled  by  Congress.  In  this  way 
Congress  maintains  its  complete  authority  over  the  inter- 
nal policy  of  the  Territory.  The  people  have  no  voice  in 
National  affairs,  but  they  elect  a  delegate  to  Congress,  who 
may  debate  but  not  vote. 

Alaska  is  regarded  as  an  "  unorganized  territory."  The  execu-  Alaska, 
tive  officers  are  the  Governor,  Attorney-General,  and  Surveyor- 
General,  the  last  acting  as  Secretary  of  the  Territory.  The 
judiciary  consists  of  three  district  judges.  All  these  officers 
are  appointed  by  the  President  and  Senate.  There  is  no  legis- 
lature. Congress  enacted,  in  1900,  a  complete  code  of  civil  laws 
for  Alaska. 

In  the  government  of  Porto  Rico,  the  President  appoints  the   Porto 
governor  and  administrative  officers.     The  lower  house  of  the   ^^^'^' 
legislature  is  elected,  while  a  part  of  the  members  of  the  upper 
house  are  elected  and  a  part  are  appointed  by  the  President. 

The  government  of  the  Philippine  Islands  resembles  that  of   The  Phil- 
Porto   Rico.     There  is  a  Commission   of   nine  members:    the   'PP'"^®^* 
Governor,  four  heads  of  departments,  (Americans)  and  four  FUi- 


276     TERRITORIES  AND  PUBLIC  LANDS 


The 

Panama 
Canal  Zone. 


Cuba. 


pinos.  All  are  appointed  by  the  President,  with  the  consent  of 
the  Senate.  This  Commission  constitutes  the  upper  house  of  the 
legislative  body;  the  lower  house  or  assembly  is  elected  from 
certain  districts  of  the  Islands  where  the  people  are  considered 
capable  of  political  action.  Qualifications  for  voting  include 
both  property  and  literary  tests,  either  English  or  Spanish  being 
accepted  in  the  latter  case. 

The  entire  group  of  islands  is  divided  into  provinces.  In  some 
of  these  the  people  exercise  local  self-government;  in  others 
there  is  military  government  under  the  United  States  army. 
In  many  cities  the  government  is  similar  to  that  in  American 
cities. 

The  United  States  owns  scattered  islands,  Tutuila  of  the 
Samoan  group,*  Guam,  Midway,  Wake,  and  others,  which  have 
no  regularly  organized  governments. 

The  Panama  Canal  Zone  f  is  governed  by  the  Isthmian  Canal 
Commission,  consisting  of  seven  men  appointed  by  the  Presi- 
dent. The  Commission  has  charge  of  the  construction  of  the 
canal,  and  to  one  of  the  Commissioners  is  given  the  duty  of 
governing  the  Zone.  The  Commission  is  subordinate  to  the 
Department  of  War  at  Washington. 

Cuba  is  not  a  possession  of  the  United  States  but  may  be  re- 
garded as  a  dependency.  Our  government  is  given  the  right 
(by  treaty  with  Cuba)  to  take  control  of  Cuban  affairs  under 
certain  circumstances,  as  when  foreign  troubles,  disorder  in 
Cuba,  or  financial  difficulties  make  it  necessary.  This  was  done 
in  the  years  1906-1909.     Cuba  is  a  Republic  in  government. 


The  power 
to  acquire 
territory. 


By  what  authority  has  the  United  States  acquired  the 
territory  that  was  not  in  its  possession  in  1789?  This 
question,  arising  for  the  first  time  in  connection  with 
the  Louisiana  purchase,  was  of  vital  importance.  It  has 
been  argued  that  section  3  of  Article  IV  applies  only  to  the 
territory  belonging  to  the  United  States  at  the  time  of  the 
adoption  of  the  Constitution;  and  that,  consequently,  ac- 
quisitions were  made  not  by  virtue  of  any  power  dele- 
gated to  the  United  States  in  the  Constitution,  but  rather 
by  virtue  of  the  fact  that  the  United  States  is  a  nation. 


*  See  American  History,  504. 


t  Ibid.,  516. 


TERRITORIES  AND  PUBLIC  LANDS     277 

and  so  entitled  to  exercise  this  sovereign  power  as  any 
other  nation  might.  But  it  is  not  necessary  to  make  this 
contention.  There  is  the  highest  authority,  the  Supreme 
Court  speaking  through  its  greatest  Chief  Justice,  for  hold- 
ing a  different  view.  This  is  found  in  a  decision  of  Chief 
Justice  Marshall,  who  said,  "The  Constitution  confers 
absolutely  on  the  government  of  the  Union  the  powers  of 
making  war  and  of  making  treaties;  consequently,  that 
government  possesses  the  power  of  acquiring  territory, 
either  by  conquest  or  by  treaty." 

The  circumstances  attending  the  acquisition  of  Porto  The  power 
Rico  and  the  Philippines,  and  the  peculiar  character  of  in 
their  inhabitants,  gave  rise  to  grave  Constitutional  prob-  Territories 

1  .  ,     .  1         1       TT    •      1    (-<  ^^'^  posses- 

lems  concemmg  tneir  government  by  the  United  States,  sions. 
Similar  questions  had  previously  arisen  in  relation  to  the 
government  of  the  Territories,  especially  questions  in- 
volving the  power  of  Congress  over  slavery.*  After  the 
Spanish  war  the  power  of  the  Federal  government  in  the 
new  acquisitions  was  determined  by  a  series  of  decisions 
rendered  by  the  Supreme  Court  in  the  "Insular  Cases." 
In  brief,  the  court  decided  that  our  Territories  and  pos- 
sessions "belong  to"  but  are  not  a  "part  of"  the  United 
States.  Their  inhabitants  are  not  citizens  of  the  United 
States  until  made  so  by  act  of  Congress.  Congress  is 
unrestricted  in  its  power  of  legislating  for  the  Territories 
and  possessions  by  provisions  of  the  Constitution.  For 
example,  the  provision  that  all  duties  shall  be  imiform 
throughout  the  United  States  does  not  apply  to  the  in- 
sular possessions.  Tariffs  have  been  levied  against  goods 
coming  into  the  United  States  from  them.  So  Congress 
has  practically  a  free  hand  in  determining  what  laws  and 
forms  of  government  are  best  adapted  to  the  people  of 
our  possessions.  Its  policy  so  far  has  been  to  allow  self- 
government  to  the  extent  that  the  people  seemed  ready  for  it. 
*  See  American  History,  333,  360,  362. 


278     TERRITORIES  AND  PUBLIC  LANDS 


The 

admission 
of  Terri- 
tories to 
statehood. 


Article  IV. 
section  3, 
clause  1. 


The  power 

of 

Congress. 


We  have  so  far  considered  the  Territories  as  in  a  state 
of  greater  or  less  dependence  upon  the  National  govern- 
ment. Under  what  conditions  and  in  what  way  may  these 
relations  be  changed  ?  The  admission  of  Territories  into 
the  Union  as  States  was  contemplated  before  the  adop- 
tion of  the  Constitution,  for  the  Ordinance  of  1787  pro- 
vided that  the  Northwest  Territory  should  be  divided  into 
States,  and  these  were  guaranteed  admission  into  the 
Union.  Doubtless,  the  framers  of  the  Constitution  re- 
garded statehood  as  the  ultimate  destiny  of  all  territory 
then  belonging  to  the  United  States.  This  idea  became 
the  policy  of  the  government  in  its  treatment  of  the  Loui- 
siana purchase  and  the  Mexican  cession.  In  the  case  of 
Alaska,  and  especially  since  the  addition  of  the  insular 
possessions,  questions  have  arisen  regarding  the  policy 
that  is  to  be  pursued.  Are  Hawaii,  Porto  Rico,  and  the 
Philippines  ever  to  be  erected  into  States?  Or,  are  they 
ultimately  to  be  granted  their  independence,  if  they  de- 
sire it? 

That  the  power  to  admit  States  belongs  exclusively  to 
Congress  is  evident  from  the  language  of  the  Constitution. 

New  States  may  be  admitted  by  the  Congress  into  this 
Union;  but  no  new  State  shall  be  formed  or  erected  within 
the  jurisdiction,  of  any  other  State;  nor  shall  any  State  be 
formed  by  the  junction  of  two  or  more  States,  or  parts  of 
States,  without  the  consent  of  the  legislatures  of  the  States 
concerned,  as  well  as  of  the  Congress. 

A  Territory  cannot  claim  admission  as  a  Constitutional 
right  if  Congress  finds  obstacles  that  seem  to  it  insuper- 
able. Nor  is  there  any  rule  as  to  the  population  that  a 
Territory  should  have  before  admission.  Congress  has 
often  been  guided  in  the  exercise  of  this  power  by  political 
considerations  alone. 

After  a  Territory  has  applied  for  admission  into  the  Union, 
two  different  methods  have  been  pursued  to  complete  the  proc- 


TERRITORIES  AND  PUBLIC  LANDS     279 

ess.  (1)  Congress  has  passed  an  "enabling  act";  the  Territory  Methods  of 
then  framed  a  constitution,  which  was  submitted  to  Congress  st^es""*^ 
for  approval.  (2)  The  Territory  has  frequently  taken  the  first 
step  by  electing  a  convention  which  framed  a  constitution;  with 
this  in  hand,  the  Territory'  then  applied  to  Congress  for  admis- 
sion. In  either  case,  before  giving  its  approval  to  the  admis- 
sion of  a  State,  Congress  must  see  that  the  constitution  submitted 
contains  nothing  that  is  inconsistent  with  a  republican  form  of 
government.  (See  p.  272.)  In  addition,  Congress  has  sometimes 
required  the  Territory  to  conform  to  certain  conditions  respect- 
ing boundaries,  lands,  and  other  matters. 


cessions. 


The  "territory  and  other  property  belonging  to  the  western 
United  States"  (see  p.  274)  includes  more  than  the  govern- 
mental divisions  called  "Territories"  and  "possessions." 
The  United  States  owns  vast  tracts  of  land  that  are  situ- 
ated not  only  in  these  Territories  but  also  in  many  of  the 
States.  This  land  is  regarded  as  property  or  public  do- 
main, and  its  disposition  falls  within  the  power  of  Con- 
gress under  the  clause  a  part  of  which  has  just  been  quoted. 

In  the  years  following  the  adoption  of  the  Constitu- 
tion, North  Carolina,  South  Carolina,  and  Georgia  fol- 
lowed the  example  of  the  Northern  States  and  ceded  to 
the  general  government  their  claims  upon  territory  ex- 
tending westward  to  the  Mississippi  River.  This  was 
the  region  where  the  States  of  Tennessee,  Alabama,  and 
Mississippi  have  since  been  formed.  As  the  United  States 
came  into  possession  of  the  western  territory,  all  unoccu- 
pied lands  *  (except  certain  portions  reserved  by  the  origi- 
nal States  for  their  own  use)  became  the  property  of  the 
National  government.  The  same  is  true  of  all  unoccu- 
pied lands  in  the  Louisiana  purchase  and  in  all  subse- 
quent acquisitions  of  territory.  So  that  the  United  States 
has  become  the  possessor  of  many  millions  of  acres.     Its 

*  By  this  is  meant  lands  not  then  in  the  possession  of  Europeans. 
The  Indian  claim  to  the  lands  was  partially  recognized  by  the  govern- 
ment; it  acquired  full  title  from  the  different  tribes  by  purchase  or  by 
conquest.     See  American  History,  100,  308,  473-474. 


Govern- 
ment 
survey. 


280     TERRITORIES  AND  PUBLIC  LANDS 

policy  in  dealing  with  this  vast  property  has  been  of  the 
greatest  consequence  in  our  history. 

In  the  thirteen  original  States  there  was  no  uniform 
system  of  land  survey,  but  each  tract  of  land  was  sur- 
veyed as  necessity  required,  generally  after  settlement 
had  been  made  upon  it.     The  tracts  were  of  very  irregu- 


lar shapes.  The  boundary  lines,  usually  starting  from 
some  natural  object,  were  measured  by  rods  or  chains, 
running  in  certain  directions  as  ascertained  by  the  use  of 
the  compass.  This  method  of  survey  is  still  in  use  in  the 
Eastern  States.  According  to  a  law  of  1785,  a  uniform 
system  of  "rectangular"  survey  was  applied  to  all  lands 
belonging  to  the  United  States.*  This  survey  has  pre- 
ceded settlers  and  has  to  some  extent  influenced  the  meth- 
*  American  History,  188. 


TERRITORIES  AND  PUBLIC  LANDS     281 


od  of  settlement  and  the  nature  of  local  government 
throughout  the  West.  The  lands  surveyed  have  been  di- 
vided into  townships  six  miles  square.  For  the  boundaries 
of  townships  the  law  requires  the  use  of  north-and-south 
and  east-and-west  lines.     To  secure  starting  points  from 

Figure  1. 


Correctlpn 


LV 


HI 


n 


R.I 
W. 


Base 


^ 


Line\ 


B.I 

E. 


a    in 


IV 


Line 


which  to  run  these  lines,  it  was  necessary  to  designate 
certain  meridians  as  Principal  Meridians  and  certain  par- 
allels as  Base  Lines. 

The  map  indicates  the  location  of  Principal  INIeridians 
and  Base  Lines  in  the  States  north  of  the  Ohio  River. 
Starting,  then,  from  any  Principal  Meridian,  the  tier  of 
townships  directly  east  is  called  Range  I;  the  other 
ranges  are  numbered  east  and  west  of  that  Meridian. 
Counting  also  from  the  Base  Line,  the  townships  are  num- 
bered 1,  2,  3,  etc.,  both  north  and  south.  It  thus  be- 
comes possible  to  locate  precisely  any  particular  township 
by  a  simple  description:  e.  g.,  township  5  north.  Range 
VII  east  of  the  first  Principal  Meridian. 

The  convergence  of  meridians  causes  the  townships  to 


282    TERRITORIES  AND  PUBLIC  LANDS 


become  less  than  six  miles  wide  from  east  to  west  as  the 

survey  proceeds  northward  from  any  Base  Line.     This 

necessitates    the    running  of  standard    parallel    lines,  or 

correction  lines,  at  frequent  intervals  to  be  used  as  new 

Base  Lines. 

To  still   further  facilitate  the   sale   and  description   of 

lands  the  law  provides  for  exact  methods  of  subdividing 
Figure  2. — Six  Miles  Square. 


Figure  3. — One 

Mile  Square. 


6 

5 

4 

3 

2 

1 

7 

8 

9 

10 

11 

12 

18 

17 

16 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 

NWi 

NiNEi 

SEi 

NEi 

Si 

the  township  into  sections,  one  mile  square,  numbered 
as  in  Figure  2. 

Each  section  is  subdivided  into  rectangular  tracts  Icnown 
as  halves,  quarters,  half-quarters  and  quarter-quarters. 
The  designations  of  these  divisions  are  by  abbreviations 
and  fractions.  (See  Figure  3.)  The  number  of  acres  in 
each  tract  is  easily  computed. 

The  rectangular  system  of  survey  has  been  a  great  aid 
in  the  subdivision  and  location  of  farm  lands;  it  greatly 
reduces  the  number  of  boundary  disputes;  it  determines 
very  largely  the  location  of  country  roads.  Moreover,  the 
Congressional  township  has  become,  in  a  great  many 
instances,  the  area  within  which  the  political  township  or 


TERRITORIES  AND  PUBLIC  LANDS     283 

town  has  been  organized.  This  towTi,  however,  need  not 
coincide  with  the  Congressional  toTvuship;  it  may  be 
greater  or  smaller  in  area. 

Upon  the  admission  of  Territories  into  the  Union,  the  Land 

'■  grants 

ownership  of  the  public  lands  does  not  pass  to  the  new  made  to 
States,  but  remains  with  the  National  government.  Ihe 
States  cannot  interfere  with  the  disposal  of  this  land,  nor 
can  they  tax  it.  On  the  other  hand,  the  National  govern- 
ment has  pursued  a  most  liberal  policy  in  making  grants 
of  land,  in  large  tracts,  to  the  States  for  various  purposes. 
This  is  the  way  in  which  the  school  lands  of  the  States 
were  acquired.  (See  pages  81-82.)  Swamp  and  saline 
lands,  besides  other  tracts,  have  been  freely  given  to  States 
to  aid  in  the  construction  of  roads,  canals,  and  other  public 
improvements. 

But  the  largest  part  of  the  Nation's  domain  has  been  The^saie  of 
retained  and  sold  or  given  away  by  the  government  to  lands. 
land   companies,    railroad    companies,    and    settlers.     At 
present,  land  may  be  obtained  through  the  General  Land 
Office  (Department  of  the  Interior)  either  by  direct  pur- 
chase or  under  the  homestead  laws. 

Before  1820,  the  minimum  price  of  land  was  $2.00  per  acre; 
the  price  was  then  reduced  to  $1.25.  Some  lands  may  still  be 
purchased  at  that  rate,  while  others  are  held  at  $2.50  per  acre. 
The  public  domain  of  the  United  States  open  to  settlement  com- 
prises (1910)  711,986,409  acres.  This  does  not  include  lands 
located  in  Alaska,  and  in  our  new  insular  possessions.  The  great- 
est part  of  these  lands  are  situated  in  the  Rocky  Mountain  and 
Pacific  Coast  States  and  Territories;  a  large  share  are  arid  and 
can  be  brought  under  cultivation  only  by  irrigation,  if  at  all. 

Under  the  homestead  law,  "any  citizen  of  the  United  States,  T^^home- 
or  any  person  who  has  declared  his  intention  of  becoming  such, 
who  is  the  head  of  a  family,  or  has  attained  his  majority,  or  has 
served  in  the  army  or  navy  in  time  of  war,  and  is  not  already 
the  proprietor  of  more  than  160  acres  of  land  in  any  State  or 
Territory,  is  entitled  to  enter  a  quarter  section  (160  acres),  or  any 
less  amount  of  unappropriated  public  land,  and  may  acquire 


284    TERRITORIES  AND  PUBLIC  LANDS 


Railroad 

land 

granta. 


Arid  lands. 


Various 
reserva- 
tions. 


title  thereto  by  establishing  and  maintaining  residence  thereon, 
and  improving  and  cultivating  the  land  for  a  period  of  five  years."* 

Many  of  the  Western  railroads  (notably  the  Northern  Pacific, 
Union  and  Central  Pacific,  and  Southern  Pacific)  have  been  given 
immense  tracts  of  land,  amounting  in  the  total  to  more  than 
150,000,000  acres.  These  grants  consist  of  alternate  sections 
lying  within  wide  strips  that  cross  the  western  part  of  the  coun- 
try, along  the  lines  of  the  several  railroads.  A  considerable  part 
of  their  land  has  been  sold  by  the  railroad  companies  to  actual 
settlers. 

A  large  part  of  the  public  domain  is  arid.  In  1902,  Congress 
enacted  a  law  providing  that  the  proceeds  from  the  sales  of  pub- 
lic lands  in  certain  States  and  Territories  should  be  expended  by 
the  National  Government  in  the  construction  of  irrigation  works. 
The  establishment  of  this  poHcy  marks  an  era  in  the  develop- 
ment of  our  Western  States.  Under  this  law  great  irrigation 
dams,  reservoirs,  and  canals  have  been  constructed  and  large 
areas  of  public  land  are  being  made  cultivable  and  are  being  sold 
to  settlers.  Some  of  the  States  are  following  the  same  policy, 
while  others  are  draining  swamp  lands. 

Many  large  tracts  of  land  have  been  retained  by  the  general 
government  as  reservations;  these  are  not  open  to  settlement. 
The  forest  reserves  are  intended  as  a  protection  for  the  sources 
of  great  rivers.  Several  National  parks  (including  the  Yellow- 
stone and  the  Yosemite)  preserve,  for  the  common  good  of  all, 
regions  of  great  scenic  beauty  and  scientific  interest.  Reservoir 
sites  have  been  reserved  in  several  localities,  with  a  view  to  the 
establishment  of  future  irrigation  systems.  Great  tracts  of  land, 
located  in  many  States,  are  preserved  as  Indian  reservations. 
Military  reservations  comprise  the  tracts  lying  adjacent  to  West- 
ern military  posts. 


Checking 
the  waste 
of  natural 
resources. 


The  policy  of  our  Government  in  granting  and  selling 
its  public  lands  has  greatly  aided  Western  settlement, 
but  it  has  been  accompanied  by  enormous  waste  and 
much  fraud.  Individuals  and  corporations  have  acquired 
large  tracts  and  have  held  them  for  speculative  purposes. 
Moreover,  little  attention  was  paid  until  recent  years  to 
the  other  resources  of  the  land  besides  the  soil — timber. 


*  American  History,  389,  441. 


TERRITORIES  AND  PUBLIC  LANDS     285 

minerals,  and  water-power  sites.  Great  tracts  of  forests 
have  been  destroyed  by  fire,  timber  has  been  wastefully 
cut,  and  other  large  tracts  have  come  into  private  hands, 
while  the  supply  of  timber  in  the  country  is  rapidly  dimin- 
ishing. Hence  Congress  has  begun  the  policy  of  setting 
aside  forest  reservations.  These  not  only  conserve  the  tim- 
ber, but  also  help  to  regulate  the  flow  of  rivers.  Thus  the 
the  washing  of  soil  from  hill-sides  is  checked. 

Mineral  deposits  on  public  lands  are  no  longer  to  be 
sold  at  low  prices  with  the  land.  Such  land  may  be  with- 
drawn from  entry,  and  the  deposits  may  later  be  leased  to 
individuals  for  working  upon  the  payment  of  a  royalty  to 
the  Government.  Water-power  sites  are  also  being  with- 
drawn from  sale,  and  the  Government  should  in  the  fu- 
ture prevent  their  falling  permanently  into  private  hands; 
for  the  gradual  exhaustion  of  our  coal  supply  will  render 
water-powers  of  increasing  value. 

The  fundamental  principles  involved  in  the  policy  of  The  policy 
conservation  *  are  two:  (1)  The  people  should  derive  just  vaUon!^"^" 
compensation  for  the  sale  of  the  public  natural  resources, 
and  they  should  retain  ownership  of  such  as  may  become 
monopolies;  (2)  it  is  the  duty  of  the  present  generation  to 
care  for  the  welfare  of  future  generations  by  conserving, 
rather  than  allowing  the  waste  of  these  natural  resources. 

The  conservation  movement  was  given  impetus  by  President   The 
Roosevelt  when  he  called  the  Conference  of  Governors,  which    f^'ovemors' 

.  Conierence. 

met  first  m  1908  and  agam  in  1910.  The  continuance  of  these 
meetings  may  result  in  their  having  great  influence  over  State 
and  National  affairs;  and  so  they  may  become  in  reality  a  part 
of  our  government,  though  entirely  outside  the  authority  of  law 
or  Constitution. 

*  For  facts  concerning  the  activity  of  States  in  this  direction,  see  p. 
88.     See,  also,  American  History,  523. 


286     TERRITORIES  AND   PUBLIC  LANDS 


Supplementary  Questions  and  References 

1.  What  were  the  circumstances  under  which  the  Northwestern 
States  ceded  their  lands?  Hart,  Formation  of  the  Union,  107- 
109;  Fiske,  Critical  Period,  187-199;  Hinsdale,  Old  Northwest, 
chapters  11-14. 

2.  What  were  the  admirable  features  of  the  Ordinance  of 
1787?  Walker,  39-40;  Fiske,  Critical  Period,  203-207;  Hins- 
dale, Old  Northwest,  chapters  15-16.  The  Ordinance  itself 
is  found  in  Old  South  Leaflets,  No.  13. 

3.  By  which  method  is  the  land  of  your  State  surveyed? 
Obtain  the  surveyor's  description  of  a  piece  of  land  in  your 
locality.  What  States  do  not  have  the  United  States  survey? 
Why  not?  Are  there  reservations  in  your  State?  The  map 
published  by  the  General  Land  Ofl^ce  shows,  in  detail.  Prin- 
cipal Meridians,  Base  Lines,  land  offices,  and  reservations. 

4.  Wanted:  A  government  for  Alaska.  Outlook,  94  :  431- 
440. 

5.  The  first  Filipino  assembly  and  its  work.  N.  Am.  Rev., 
188  :  521-525;   Oudook,  88  :  175-179. 

6.  The  present  government  and  the  future  of  the  Philippines. 
World's  Work,  16  :  10655-10656;  Outlook,  90  :  450-456;  91  : 
75-82. 

7.  Preparing  the  Moros  for  government.  Atl.  Mo.,  97  : 
385-394. 

8.  Fortifying  Panama  Canal.     Rev.  of  R's,  39  :  732-733. 

9.  What  is  the  matter  with  our  land  laws?  Atl.  Mo.,  102  : 
1-9. 

10.  National  irrigation  projects.  Indept.,  62  :  1079-1085;  64  : 
1172-1178;   Rev.  of  R's,  37  :  689-698. 

11.  Uncle  Sam's  wood  lot.  Indept,  64  :  1374-1377;  Forest 
Reserves,  ibid.,  60  :  667-671;  Timber  Frauds,  World's  Work, 
15  :  9588-9593;   National  Forestry,  ibid.,  15  :  9739-9757. 

12.  Conservation.  Atl.  Mo.,  101  :  694-704;  Indept.,  64  : 
946-952;  Outlook,  87  :  291-294;  93  :  770-772;  Rev.  of  R's, 
37  :  585-592;   39  :  317-321. 

13.  Government  control  of  water  power.     Outiook,  88  :  582- 


TERRITORIES  AND  PUBLIC  LANDS     287 

584;  Rev.  of  R's,  41  :  47-48;  Public  Coal  lands,  Rev.  of  R's,  35  : 
303-304. 

14.  The  Governors'  Conference.     Indept.,  64  :  1374-1377. 

15.  Relations  with  Cuba.     American  History,  503-504. 

16.  What,  if  any,  organized  Territories  exist  on  the  continent? 
What  were  the  last  Territories  to  be  made  States  ? 


CHAPTER  XXIX 


AMENDMENTS  TO  THE  CONSTITUTION 


Article  V. 


Methods  of 
proposing 
amend- 
ments. 


Ratifica- 
tion of 
amend- 
ments. 


As  already  noted,  it  was  practically  impossible  to 
amend  the  Articles  of  Confederation.  The  conviction 
was  general,  therefore,  in  the  Constitutional  Convention 
that  some  plan  should  be  adopted  by  which  the  Consti- 
tution might  be  made  to  conform  to  the  requirements  of 
future  conditions,  as  well  as  guard  against  changes  too 
easily  secured.  Article  V  provides  for  amendments  as 
follows: 

The  Congress,  whenever  two-thirds  of  both  houses  shall 
deem  it  necessary,  shall  propose  amendments  to  this  Con- 
stitution, or,  on  the  application  of  the  legislatures  of  two- 
thirds  of  the  several  States,  shall  call  a  convention  for  pro- 
posing amendments,  which,  in  either  case,  shall  be  valid  to 
all  intents  and  purposes,  as  part  of  this  Constitution,  when 
ratified  by  the  legislatures  of  three-fourths  of  the  several 
States,  or  by  conventions  in  three-fourths  thereof,  as  the 
one  or  the  other  mode  of  ratificatioyi  may  be  proposed  by 
the  Congress;  provided  .  .  .  that  no  State,  without  its  con- 
sent, shall  be  deprived  of  its  equal  suffrage  in  the  Senate. 

Amendments  to  the  Constitution  may  thus  be  proposed 
in  two  ways:  by  a  vote  of  two-thirds  of  both  houses  or  by 
a  National  convention  called  by  Congress  for  that  purpose 
on  the  application  of  two-thirds  of  the  State  legislatures. 
The  convention  method  has  never  been  used  in  proposing 
amendments  to  the  Constitution. 

Amendments  may  also  be  ratified  by  either  of  two  meth- 
ods: by  the  legislatures  in  three-fourths  of  the  several 
States,  or  by  conventions  in  three-fourths  thereof.     When 

288 


AMENDMENTS  TO  CONSTITUTION     289 

Congress  has  proposed  an  amendment,  it  has  designated 
that  the  ratification  should  be  by  the  State  legislatures. 
The  method  used  in  proposing  and  in  adopting  amend- 
ments seems  the  best,  for  the  bodies  called  upon  to  act  may 
be  easily  summoned. 

The  most  permanent  part  of  the  Constitution  was  se-  Permanent 

,  .    .  ^  t{  r>  •  L        i    -x       feature  of 

cured  through  the  provision  that     no  btate,  without  its   theConsti- 
consent,   shall  be  deprived  of  its  equal  suffrage  in  the 
Senate." 

One  of  the  chief  arguments  against  the  Constitution  was  Bill  of 
that  it  did  not  contain  a  Bill  of  Rights,  and  consequently 
it  was  asserted  that  the  rights  of  the  individual  citizen 
could  not  be  maintained.  As  already  noted  (p.  116), 
some  of  the  States  were  induced  to  ratify  the  Constitu- 
tion, even  with  this  omission,  providing  they  were  given 
the  privilege  of  recommending  amendments.  One  hun- 
dred and  eighty-nine  propositions  in  the  nature  of  amend- 
ments, many  of  them  being  repetitions,  were  presented  by 
the  various  States  to  the  first  Congress.  Seventeen  amend- 
ments, largely  selected  from  these,  were  proposed  by  the 
House  of  Representatives.  Twelve  were  agreed  to  by  the 
Senate  and  ten  were  ratified  by  three-fourths  of  the  State 
legislatures.  The  first  ten  amendments  are  frequently  re- 
ferred to,  therefore,  as  "The  Bill  of  Rights." 

More  than  1,700  amendments  to  the  Constitution  have  been    Number  of 
proposed  in  an  official  way.     Nineteen  of  these  have  been  pre-   ^^ts.' 
sented  to  the  State  legislatures  for  ratification  and  fifteen  only- 
have  received  the  requisite  three-fourths  vote.     These  amend- 
ments have  now  the  same  force  as  the  original  Constitution. 

Congress  shall  make  no  laio  respecting  an  establishment  Amend- 

of  religion,   or   prohibiting   the  free   exercise    thereof;    or  Freedom  of 

abridging  the  freedom  of  speech  or  of  the  press,  or  the  right  speech,' 

of  the  people  peaceably  to  assemble,  and  to  petition  the  gov-  assembly. 
emment  for  a  redress  of  grievances. 


290     MIENDMENTS  TO  CONSTITUTION 


Amend- 
ment II. 
Right  of 
keeping 
militia. 


Amend- 
ment III. 
Quartering 
of  soldiers. 


Amend- 
ment IV. 
General 
warrants. 


The  religious  intolerance  characteristic  of  the  colonies  and 
the  presence  of  so  many  different  sects  doubtless  led  to  this  de- 
cree, by  which  the  National  government  should  be  forever  free 
from  the  disturbances  which  would  follow  should  Congress  have 
been  given  the  right  to  set  up  a  National  religion.  Our  govern- 
ment, unlike  that  of  many  European  nations,  grants  the  greatest 
liberties,  provided  it  can  be  shown  that  what  was  said  or  pub- 
lished was  true  and  the  facts  were  made  known  with  good  mo- 
tives and  for  justifiable  ends.  After  many  contests  in  English 
history,  the  "right  of  petition"  was  finally  assured  in  the  Decla- 
ration of  Rights  of  1688.  The  principle  was  reasserted  in  many 
of  the  State  constitutions,  and,  although  inherent  in  a  republi- 
can form  of  government,  it  was  thought  desirable  to  establish 
the  right  by  making  it  a  part  of  the  Constitution. 

A  ivell-regulated  militia  being  necessary  to  the  security 
of  a  free  State,  the  right  of  the  people  to  keep  and  bear  arms 
shall  not  be  infringed. 

The  necessity  for  having  a  militia  has  been  referred  to 
on  page  202.  Fear  of  a  monarch  was  genuine,  and  it  was 
believed  that  the  militia  would  form  a  ready  defence 
against  any  usurpation  of  power  on  the  part  of  the  Presi- 
dent. 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner,  nor  in  time  of  war, 
but  in  a  manner  to  be  prescribed  by  law. 

The  English  authorities  maintained  the  right  of  "bil- 
leting soldiers"  upon  the  colonists  in  time  of  peace,  and 
this  grievance  was  one  of  the  causes  of  the  American 
Revolution.  It  was  maintained  that  "a  man's  house  is 
his  castle,"  and  that  he  was  justified  in  resisting  all  in- 
trusions of  this  nature. 

The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects  against  unreasonable  searches  and 
seizures,  shall  not  be  violated,  and  no  warrant  shall  issue 
but  upon  probable  cause,  supported  by  oath  or  affirmation, 
and  particularly  describing  the  place  to  be  searched,  and  the 
persons  or  things  to  be  seized. 


A]mexd:\ients  to  constitution    291 

This  Amendment,  like  the  preceding,  grew  out  of  the 
desire  to  check  any  tendency  on  the  part  of  the  govern- 
ment to  trample  on  the  rights  of  personal  liberty  and 
private  property.  It  was  believed  that  the  English  au- 
thorities had  disregarded  these  rights  when  they  issued 
and  strove  to  enforce  the  carrying  out  of  the  obnoxious 
Writs  of  Assistance.* 

The  enumeration  in  the  Constitution  of  certain  rights  Amend- 
shall  not  he  construed  to  deny  or  disparage  others  retained   Rights' 

7,7  J  retained  by 

by  the  'people.  the  people. 

Many  clauses  of  the  Constitution  have  in  them  an  enu- 
meration of  certain  personal  rights  retained  by  the  people. 
Among  these  rights  are  the  privileges  of  the  writ  of  habeas 
corpus  and  of  the  right  of  trial  by  jury.  Since  all  personal 
rights  could  not  be  thus  enumerated.  Amendment  IX  was 
evidently  intended  to  apply  to  those  not  so  designated. 

The  powers  not  delegated  to  the  United  States  by  the  Con-  Amend- 
stitution,  nor  prohifnted  by  it  to  the  States,  are  reserved  to  Powers  ' 
the  States  respectively,  or  to  the  people.  the  states. 

A  motion  was  made  when  this  Amendment  was  beino^ 
discussed  in  Congress  that  the  words  "expressly  dele- 
gated" be  used.  It  was  made  to  appear  in  the  discus- 
sion that  the  Amendment,  as  given,  was  intended  as  an 
interpretation  of  the  Constitution,  and  that,  since  it  was 
impracticable  to  enumerate  all  of  the  powers  of  the  gen- 
eral government,  some  must  of  necessity  be  implied,  (See 
pp.  204-205.)t 

The  Emancipation  Proclamation  granted  freedom  to 
all  the  slaves  in  the  States  then  in  rebellion.  Delaware, 
Kentucky,  Tennessee,  Missouri,  Maryland,  and  parts  of 
Virginia  and  Louisiana  do  not  appear  in  this  list.     Slaves 

*  Amendments  V,  VI,  VII,  and  VIII  have  been  discussed  under  the 
Judiciary,  on  pp.  266-267. 

tAmendment  XI  has  been  taken  up  under  the  Judiciary,  pp. 264-265; 
Amendment  XII  has  been  considered  in  connection  with  the  election  of 
President  and  Vice-President,  pp.  222-223. 


292      AMENDMENTS  TO  CONSTITUTION 


Amend- 
ment XIII, 
section  1. 


Section  2. 


Amend- 
ment XIV, 
section  1. 


were  held  in  these  States,  and  slavery  still  had  a  legal 
right  to  exist  in  thera.  Congress  desired  to  settle  the 
question,  and  February  1,  1865,  proposed  the  Xlllth 
Amendment  to  the  Constitution. 

Neither  slavery  nor  involuntary  servitude,  except  as  a 
punishment  for  crime  whereof  the  party  shall  have  been 
duly  convicted,  shall  exist  vnthin  the  United  States,  or  any 
place  subject  to  their  jurisdiction. 

Congress  shall  have  power  to  enfoire  this  Article  by  ap- 
propriate legislation. 

The  wording  of  the  Amendment  is  almost  the  same  as 
that  which  pertains  to  slavery  in  the  Ordinance  for  the 
Northwest  Territory  of  1787  and  the  Wilraot  Proviso. 
After  it  was  ratified  by  sixteen  free  States  and  eleven 
of  the  former  slave-holding  States,  the  requisite  three- 
fourths,  Mr.  Seward,  then  Secretary  of  State,  declared  it 
to  be  a  part  of  the  Constitution  of  the  United  States, 
December  18,  1865. 

Amendment  XIV  was  proposed  by  Congress,  June  16, 
1866,  as  a  part  of  the  general  plan  for  Reconstruction. 
The  Southern  States  were  not  to  be  regarded  as  a  part 
of  the  Union  until  they  should  ratify  it. 

All  persons  born  or  naturalized  in  the  United  States, 
and  subject  to  the  jurisdiction  thereof,  are  citizens  of  the 
United  States  and  of  the  State  wherein  they  reside.  No 
State  shall  make  or  enforce  any  law  which  shall  ahi-idge 
the  privileges  or  immunities  of  citizens  of  the  United  States; 
nor  shall  any  State  deprive  any  person  of  life,  liberty,  or 
property,  without  due  process  of  law;  nor  deny  to  any  per- 
son within  its  jurisdiction  the  equal  protection  of  the  laws. 

The  first  section  has  already  been  partially  discussed 
on  page  191  under  the  question,  Who  arc  citizens? 

The  "privileges  or  immunities"  of  the  section  doubt- 
less refer  to  the  rights  of  the  freedmen  which  had  been 
defined  by  the  Civil  Rights  Act  of  April  9,   1866.     By 


amend:ments  to  constitution   293 

this  act,  the  "freedmen  were  to  have  the  same  rights  in  privileges 
every  State  and  Territory  of  the  United  States  to  make  nities  of 

,  .  ,       .  .      citizens. 

and  enforce  contracts;  to  sue,  be  parties,  and  give  evi-  story, c<im- 
dence;  to  inherit,  purchase,  lease,  sell,  hold,  and  con-  §  1935. 
vey  real  and  personal  property,  and  to  full  and  equal 
benefit  of  all  laws  and  proceedings  for  the  security  of 
person  and  property  as  is  enjoyed  by  white  citizens  and 
to  be  subject  to  the  like  punishments,  pains,  and  penal- 
ties, and  to  none  other,  any  law,  statute,  ordinance, 
regulation,  or  custom  to  the  contrary  notwithstanding." 
The  right  to  vote  is  not  enumerated,  for  it  is  a  political  right. 

It  was  feared  attempts  would  be  made  in  some  of  the   Due  proc- 
States  to  keep  the   negro  in   a   condition   of  dependence   story, 
through  adverse  legislation.     To  prevent  this,   the  pro-   taries,  §§ 

.  1940-1944. 

vision    was   made    that   no   State    should    deprive    "any   Dartmouth 

„    ,.„        ,.,  •  1  1  "^      College  y. 

person  01  lite,  liberty,  or  property  without  due  process  Wood- 
of  law."  The  phrase  "due  process  of  law,"  has  been  wheaton 
regarded,  in  its  legal  effects,  as  equivalent  to  "the  law 
of  the  land"  which  was  defined  by  Webster  in  the  Dart- 
mouth College  case  as  follows:  "By  the  law  of  the  land 
is  most  clearly  intended  the  general  law;  a  law  which 
hears  before  it  condenms;  which  proceeds  upon  inquiry, 
and  renders  judgment  only  after  trial.  The  meaning 
is,  that  every  citizen  shall  hold  his  life,  liberty,  property, 
and  immunities  under  the  protection  of  the  general  rules 
which  govern  society."  * 

Congress  believed  that  the  leaders  of  the  South  in  the   Amend- 
Civil  War  should  be  deprived  of  some  of  their  political  section  3. 
privileges,  and  so  framed  section  3: 

No  person  shall  be  a  Senator  or  Representative  in  Con- 
gress, or  Elector  of  President  and  Vice-President,  or  hold 
any  office,  civil  or  military,  under  the  United  States,  or 

*  Section  2  has  been  taken  up  in  connection  with  the  apportionment  of 
Representatives,  page  125.  Pupils  should  read  the  entire  Amendments 
as  found  in  the  Constitution.  Appendix  A. 


294      AMENDMENTS  TO  CONSTITUTION 

under  any  State,  who,  having  previously  taken  an  oath  as 
a  member  of  Congress,  or  as  an  officer  of  the  United  States, 
or  as  a  member  of  any  State  legislature,  or  as  an  executive 
or  judicial  officer  of  aiiy  State,  to  support  the  Constitution 
of  the  United  States,  shall  have  engaged  in  insurrection  or 
rebellion  against  the  same,  or  given  aid  or  comfort  to  the 
enemies  thereof.    But  Congress  may,  by  a  vote  of  two-thirds 
of  each  house,  remove  such  disability. 
30  United         Congress  has  at  different  times  removed  the  disabilities 
statutes  at   from  certain  of  these  classes.     Finally,  an  act  of  Jmie  6, 
Large,  432.    ^ggg^  removed  the  last  disability  imposed  by  this  section. 
It  was  feared  there  might  be  an  attempt  to  repudiate 
the  debt  which  had  been  incurred  in  the  suppression  of 
the  Rebellion  and  also  to  pay  the  war  debt  of  the  seced- 
ing States.     This  led  to  the  embodiment  of  section  4  as 
a  part  of  the  Amendment: 
Amend-  The  validity  of  the  public  debt  of  the   United  States, 

section^l^'  authorized  by  laio,  including  debts  incurred  for  payment 
of  pensions  and  bounties  for  services  in  suppressing  in- 
surrection or  rebellion,  shall  not  be  questioned.  But  neither 
the  United  States  nor  any  State  shall  assume  or  pay  any 
debt  or  obligation  incurred  in  aid  of  insurrection  or  rebel- 
lio7i  against  the  United  States,  or  any  claim  for  the  loss  ox 
emnncipation  of  any  slave;  but  all  such  debts,  obligations, 
and  claims  shall  be  held  illegal  and  void. 
Section  5.  The  Congress  shall  have  power  to  enforce,  by  appro- 

priate legislation,  the  provisions  of  this  article. 

In  order  to  secure  full  political  rights  for  the  negroes  the 

XV th  Amendment  was  passed  as  indicated  on  page  125. 

Amend-  The  right  of  citizens  of  the  United  States  to  vote  shall 

Tet^io^u'     ''^ot  be  denied  or  abridged  by  the  United  States,  or  by  any 

State,  on  account  of  race,  color,  or  previous  condition  of 

servitude. 

Section  2.  The  Congress  shall  have  power  to  enforce  this  article  by 

appropriate  legislation. 


AMENDMENTS  TO  CONSTITUTION     295 


Supplementary  Questions  and  References 

1.  What  facts  can  be  given  showing  the  difficulty  of  amend- 
ing the  Articles  of  Confederation?  Fiske,  Critical  Period,  218- 
220. 

2.  Is  it  now  considered  difficult  to  amend  the  Constitution? 
Bryce,  American  Commonwealth,  I,  368-371. 

3.  Was  the  adoption  of  the  XVth  Amendment  a  wise  policy? 


CHAPTER  XXX 

THE  RELATIONS  OF  STATES  AND  NATION 

We  have  now  studied  in  succession  the  local,  State, 
and  National  governments  of  our  country.  Since  the 
local  units  are  subordinate  to  the  States  of  which  they 
are  divisions,  there  remain  to  be  considered  the  relations 
that  exist  between  the  State  and  National  systems. 
A  Federal         We  should  first  observe  that  the  States  are  not  mere 

Republic.  l        •      •  •  l-      •     •  n         -l  -kt        -  rr^l  1 

admmistrative  divisions  of  the  Nation,  ihey  do  not 
stand  in  the  same  relation  to  the  Nation  that  counties 
bear  to  a  State.  They  do  not  derive  their  powers  from 
the  National  government,  nor,  on  the  other  hand,  does 
the  latter  derive  its  power  from  the  States.  The  source 
of  power  for  both  is  the  same — "the  people  themselves,  as 
an  organized  body  politic."  *  The  United  States  is, 
then,  a  Federal  Republic.  This  is  very  different,  on  the 
one  hand,  from  a  confederation,  such  as  existed  in  this 
country  between  1781  and  1789,  and,  on  the  other  hand, 
from  a  centralized  republic,  such  as  exists  to-day  in 
France.  In  the  former  case,  the  National  government 
rested  upon  the  States  and  could  exercise  its  most  im- 
portant powers  only  through  them.  In  France,  the  "de- 
partments" (which  may  be  compared  to  our  States)  are 
merely  local  administrative  divisions  of  the  nation,  and 
possess  no  original  powers  of  government.  Our  Fed- 
eral Republic  is  more  complex  than  either  of  these  sys- 
tems; but  in  efficiency  it  far  excels  the  Confederacy,  and 
in  its  adaptation  to  the  circumstances  of  the  people  it  is  in- 
finitely better  than  a  centralized  government  would  be. 

*  Cooley,  Constitutional  Limitations,  205. 
296 


RELATIONS  OF  STATES  AND  NATION  297 

The  peculiarity  of  our  government  lies  in  the  division  The 

■^         f  J  o  division 

of  powers  between  State  and  National  authorities.     His-  of  powers 

r"  between 

toricallv,  and  from  a  legal  point  of  view,  we  should  hrst  state  gov- 

'  '  o        i  ...         ernments 

think    of   all  governmental  powers  as  originating  in  the  ajn^d.t'^e^ 
people.     Of  these  powers,  me^nt™' 

(1)  Some  are  exercised  by  State  authorities. 

(2)  Others  are  delegated  to  the  National  government. 
The  powers  belonging  to  the  first  group  are  nowhere 

enumerated,  because  it  is  neither  necessary  nor  possible 
to  anticipate  all  of  them.  They  are  the  reserved  poivers 
mentioned  in  the  Tenth  Amendment  to  the  United  States 
Constitution.  The  powers  of  the  second  group  are  enu- 
merated in  the  Constitution;  they  are  vested  in  the  leg- 
islative, executive,  and  judicial  branches  of  the  National 
government.  We  see,  then,  that  local  self-government  is 
preserved  in  the  States  for  State  purposes;  and  that  the 
National  government  was  created  to  fulfill  National  pur- 
poses, by  a  direct  grant  of  power  from  the  people. 

In  determining  this  division  of  powers,  it  becomes  nec- 
essary to  make  two  other  groups: 

(3)  Some  specific  powers  are  denied  to  the  United 
States.* 

(4)  Others  are  denied  to  the  States.f 

Some  of  these  prohibitions  are  necessary  in  order  that 
the  parts  of  our  double  system  of  government  may  work 
harmoniously.  Evidently,  too,  the  people  intend  that  some 
powers  shall  not  be  exercised  by  either  State  or  National 
authorities,  since  they  are  denied  to  both.  In  this  way, 
certain  ancient  liberties  are  preserved. 

(5)  Finally,  there  is  a  group  called  concurrent  poivers, 
because  they  may  be  exercised  by  both  State  and  National 
governments. 

We  have  spoken  as   though   there  were   two  govem- 

*  See  Article  I,  section  9,  and  Amendments  I-VIII  and  XI. 
t  See  Article  I,  section  10,  and  Amendments  XIII-XV. 


298  RELATIONS  OF  STATES  AND  NATION 


But  one 
govern- 
ment. 


Article  VI, 
clause  2. 


National 
sover- 
eignty. 


ments,  but  in  reality  there  is  but  one.  Its  parts  (State 
and  National)  are  distinct  but  not  separate.*  They  fit 
into  and  harmonize  with  each  other.  Each  is  necessary 
to  the  existence  of  the  other.  In  the  analysis  of  our 
government  from  a  legal  point  of  view,  we  examine  them 
separately ;  but  in  the  bestowal  of  our  patriotic  allegiance 
as  citizens  no  such  separation  is  possible. 

Such  is  the  theory  of  our  government.  Its  practical 
workings  are  not  so  simple,  for  very  often  the  line  of 
division  between  State  and  Federal  powers  is  doubtful. 
In  tracing  this  line,  the  courts  have  constantly  had  in 
view  that  clause  of  the  Constitution  which  says: 

This  Constitution,  and  the  laws  of  the  United  States 
which  shall  be  made  in  piirsuance  thereof,  and  all  treaties 
made,  or  which  shall  be  made,  under  the  authority  of  the 
United  States,  shall  be  the  supreme  law  of  the  land;  and 
the  judges  in  every  State  shall  be  bound  thereby,  anything 
in  the  Constitution  or  laws  of  any  State  to  the  contrary 
notwithstanding. 

The  doctrine  of  National  sovereignty  {i.  e.,  the  supreme 
authority  of  the  National  government  over  every  State 
and  every  individual)  became  fully  established,  subject 
to  dispute  from  no  authoritative  source  whatever,  only 
after  the  Civil  War  and  the  events  that  followed.  But 
this  doctrine  is  to  be  viewed  in  the  light  of  a  larger  fact, 
viz.,  that  the  National  government  possesses  only  delegated 
powers,  and  it  is  only  within  the  sphere  of  these  powers 
that  the  National  authority  is  supreme.  "When  a  par- 
ticular power  is  found  to  belong  to  the  States,  they  are  en- 
titled to  the  same  complete  independence  in  its  exercise 
as  is  the  National  government  in  wielding  its  own  author- 
ity.    Each  within  its  sphere  has  sovereign  powers."  f 

We  have  seen  that  it  is  the  duty  of  the  courts  to  de- 


*  Wilson,  The  State,  480-483. 

t  Cooley,  Principles  ot  Constitutional  Law,  34. 


RELATIONS  OF  STATES  AND  NATION  299 

termine,  when  cases  come  before  them,  the  limits  of  State  state 
and  National  jurisdiction.  In  the  last  resort,  the  Supreme  eignty. 
Court  of  the  United  States  decides  whether  any  act  of 
either  government  is  Constitutional.  The  National  gov- 
ernment is,  therefore,  the  final  judge  of  the  extent  of  its 
own  powers,  as  well  as  of  State  powers  when  State  and 
National  authority  seem  to  conflict.  During  most  of  our 
history  the  doctrine  was  held  by  eminent  persons  that,  in 
the  event  of  such  a  conflict,  a  State  might  legally  decide 
for  itself  which  authority  should  prevail.  The  doctrine 
of  "State  sovereignty"  was  enunciated  in  the  Virginia 
Resolutions  of  1798  by  ISIadison;  in  the  Kentucky  Reso- 
lutions of  the  same  year  by  Jefferson,  and  in  the  Resolu- 
tions of  the  Hartford  Convention  (1814).  The  doctrine 
found  its  logical  conclusion  in  the  nullification  of  a  Federal 
law  by  South  Carolina  in  1832.  Carried  to  its  extreme 
limits.  State  sovereignty  became  the  grounds  of  justifica- 
tion for  the  secession  of  the  Southern  States  at  the  opening 
of  the  Civil  War.  The  doctrine  received  its  death-blow 
in  the  events  of  that  period.  The  success  of  the  National 
idea  seemed  for  a  time  to  endanger  the  preservation  of 
the  true  theory  of  our  government,  by  threatening  the 
complete  dominance  of  National  over  State  authority.  But 
the  Supreme  Court  of  the  United  States  is  guardian  of 
State  and  National  powers  alike,  and  its  decisions  have 
held  firmly  to  the  lines  of  division  that  have  been  indi- 
cated in  the  preceding  discussion. 

As  a  further  statement  of  this  division,  it  may  be  said 
that  the  States  are  presumed  to  have  jurisdiction  over  all 
subjects  of  legislation,  except  as  their  powers  are  limited 
(1)  by  the  National  Constitution,  (2)  by  the  State  consti- 
tutions. The  National  government,  on  the  other  hand,  is 
presumed  to  have  only  such  powers  as  are  delegated  to  it 
(either  specifically  or  by  implication)  in  the  Constitution 
of  the  United  States. 


300  RELATIONS  OF  STATES  AND  NATION 

At  its  foundation,  that  double  system  which  we  call 
"the  government  of  the  United  States"  rests  upon  the 
people.  They  have  not  finally  determined  its  character, 
but  have  reserved  the  right  to  modify  its  form  by  the 
process  of  amendment,  and  to  change  its  policy  by  the 
periodical  election  of  officers. 


Supplementary  Questions  and  References 

1.  The  government  of  France  is  described  in  Wilson,  The 
State,  214-223. 

2.  Switzerland  is  also  a  republic;  what  are  the  main  features 
of  its  {jovernment?     Wilson,  305-333. 

3.  What  are  some  of  the  most  important  among  the  reserved 
powers  of  the  States?  How  are  similar  powers  exercised  in 
England?     Wilson,  487-488. 

4.  Make  lists  of  powers  (1)  delegated  to  the  National  govern- 
ment; (2)  denied  to  it;  (3)  prohibited  to  the  States;  and  (4) 
to  both.     (5)  What  powers  would  you  classify  as  concurrent  ? 

5.  Is  it  accurate  to  say  that  the  National  government  has 
"more  powers"  than  the  States?  That  it  is  "stronger"  than 
the  States? 

6.  What  is  the  English  Constitution?  Bryce,  I,  241-242. 
Why  may  an  act  of  Parliament  be  unconstitutional  and  yet 
valid?     Bryce,  I,  250-251. 

7.  Can  you  mention  State  and  National  laws  that  have  been 
declared  unconstitutional  by  the  Supreme  Court? 


CHAPTER  XXXI 

SOME     FEATURES    OF    INTERNATIONAL    LAW    AND 

ARBITRATION 

We  have  considered  some  of  the  ways  in  which  our 
government  is  brought  into  direct  relations  with  foreign 
powers,  such  as  the  postal  system,  naturalization,  and 
privateering.  It  is  especially  to  be  noted  that  during  the 
nineteenth  century  there  was  a  marked  advance  toward 
the  settlement  of  controversies  between  nations  according 
to  the  principles  of  international  law  and  through  courts 
of  arbitration.  It  will  be  of  interest,  therefore,  to  consider 
a  few  of  the  leading  principles  which  have  tended  to  pre- 
vent wars  and  lessen  the  suffering  and  destruction  incident 
to  warfare,  and  to  note  the  relation  of  the  United  States  to 
these  forward  movements. 

According  to  the  definition  given  on  page  199,  inter-  Nature  and 

~  r^  L     o  ongin  of 

national  law  refers  to  the  usages  which  have  been  es-  interna- 

^  tional  law. 

tablished  between  civilized  nations,  but  more  narrowly 
interpreted  it  pertains  to  that  body  of  rules  which  are 
accepted  by  the  six  great  European  powers  and  the 
United  States.  Strictly  speaking,  Hugo  Grotius,  a  politi- 
cal exile  from  Holland,  residing  in  Paris,  became  the 
founder  of  international  law  through  the  publication,  in 
1625,  of  his  "De  Jure  Belli  ac  Pactis,"  a  book  which 
has  been  declared  to  have  altered  the  history  of  the  world. 
"Additions  have  been  made  to  this  great  work  slowly  and 
imperceptibly  as  the  public  opinion  of  the  civilized  world 
decides  new  cases  or  grows  to  greater  heights  of  humanity 
and  justice."  * 

*  Lawrence,  The  Principles  of  International  Law,  54. 

301 


302  INTERNATIONAL  LAW— ARBITRATION 

Paris  Con-        Some  of  the  most  difficult  international  problems  have 

gress,  1856.         .  ,  i    <-  i  •    i  c  i 

arisen  over  the  attempts  to  defane  the  rights  oi  neutral 
nations,  especially  on  the  high  seas,  and  the  treatment  of 
merchant  ships  and  other  private  property  during  the  time 
of  war.  National  usage  varied  until  the  year  1856,  when 
the  great  nations  (the  United  States  and  Spain  excepted), 
in  the  Congress  at  Paris,  gave  the  chief  impulse  to  united 
action  by  agreeing  to  the  four  significant  principles:  (1) 
Privateering  is  and  remains  abolished;  (2)  The  neutral 
flag  covers  an  enemy's  goods,  with  the  exception  of  con- 
traband of  war;  i.e.,  One  of  the  belligerent  nations  cannot 
seize  from  a  vessel  that  flies  the  flag  of  a  neutral  country, 
goods  that  belong  to  a  citizen  of  the  other  belligerent 
unless  they  be  contraband  of  war,  (3)  Neutral  goods  with 
the  exception  of  contraband  of  war  are  not  liable  to  cap- 
ture under  the  enemy's  flag;  (4)  Blockades  in  order  to  be 
binding  must  be  effective. 
The  United  By  the  year  1861  forty-six  sovereign  States  had  agreed 
the  Rule  of  to  accept  thcsc  principles.  The  United  States  govern- 
ment asserted  that  all  private  property  at  sea  should  be 
exempt  from  capture  and  confiscation,  except  in  the  cases 
of  the  violation  of  a  blockade  and  contraband  of  war,  and 
refused,  in  consequence,  to  sanction  the  Paris  Declara- 
tion. In  treaties  made  with  individual  nations,  however, 
the  United  States  accepted  these  principles  and,  in  1898, 
on  the  occasion  of  the  outbreak  of  the  Spanish-American 
War,  our  government  issued  decrees  upon  the  subjects 
mentioned  below. 


Contra- 
band of 
war. 


(1)  No  privateers  were  to  be  allowed.  (See  page  200.)  (2) 
The  blockade  of  the  forts  on  the  coasts  of  Cuba  should  be  made 
effective.  (3)  Contraband  of  war  was  to  be  carefully  defined. 
The  articles  declared  to  be  absolutely  contraband  were:  "Ord- 
nance, machine-guns  and  their  appliances  and  the  parts  thereof; 
armor  plate  and  whatever  pertains  to  the  offensive  and  de- 
fensive armament  of  naval  vessels;    arms  and  instruments  of 


INTERNATIONAL  LAW— ARBITRATION    303 

iron,  steel,  brass,  or  copper,  or  any  other  material,  such  arms 
and  instruments  being  especially  adapted  for  use  in  war  by 
land  or  sea;  torpedoes  and  their  appurtenances;  cases  for  mines, 
of  whatever  material;  engineering  and  transport  materials,  such 
as  gun-carriages,  caissons,  cartridge-boxes,  campaigning  forges, 
canteens,  pontoons;  ordnance  stores;  portable  range-finders; 
signal  flags  destined  for  naval  use;  ammunition  and  explosives 
of  all  kinds;  machinery  for  the  manufacture  of  rams  and  muni- 
tions of  war;  saltpetre,  military  accoutrements  and  equipments 
of  all  sorts;  horses."  The  "conditionally  contraband"  articles 
mentioned  were  the  following :  "  Coal  when  destined  for  a  naval 
station,  a  port  of  call,  or  a  ship  or  ships  of  the  enemy;  materials 
for  the  construction  of  railroads  and  telegraphs,  and  money, 
when  such  material  or  money  are  destined  for  an  enemy's  forces; 
provisions  when  destined  for  an  enemy's  ship  or  ships,  or  for  a 
place  that  is  besieged." 

Spain  declared  that  the  last  three  articles  of  the  Declaration  of 
Paris  were  to  be  enforced,  but  maintained  the  right,  as  already 
indicated,  to  grant  letters  of  marque  to  privateers. 

In  the  International  Convention,  at  Geneva,  in  1864,  another  The 
marked  advance  was  made.     By  this  agreement,  which  has  been   convln- 
accepted  by  nearly  all  the  civilized  powers  of  the  world,  hospitals   ^"^-(^f^fsg; 
and  all  articles  intended  for  the  use  of  the  sick  and  wounded, 
together  with  all  surgeons,  nurses,  and  other  persons  engaged  in 
caring  for  them,  are  not  subject  to  capture  if  they  are  protected 
by  the  badge  having  a  red  cross  upon  a  white  ground.     This  em- 
blem is  placed  on  the  flag  or  is  worn  on  the  arm  as  the  case  may 

be. 

From  the  time  of  Grotius,  appeals  were  made  by  individuals  The 
and  congresses  for  the  lessening  of  the  grosser  seventies  of  war-  Conference, 
fare,  but  these  ideas  were  not  put  into  practical  form  until  the    iS"-*- 
year  1863.     President  Lincoln,  in  that  year,  decreed  that  the 
armies  of  the  United  States  should  be  governed  by  the  code  of 
rules  which  had  been  prepared  on  the  request  of  Mr.  Lincoln  by 
Francis  Lieber.     A  similar  manual  was  afterward  adopted  by 
the  various  European  powers  and   the  general   principles  were 
adopted  as  an  international  code  by  the  Brussels  Conference  of 
1874,  in  which  the  leading  States  of  Europe  were  represented. 


304    INTERNATIONAL  LAW— ARBITRATION 


International  Arbitration 

International  Arbitration  signifies  the  agreement  on  the 
part  of  two  nations  in  dispute  to  submit  their  differences 
to  an  independent  tribunal  and  abide  by  its  decision. 
Great  progress  was  made  during  the  nineteenth  century 
toward  this  much-desired  goal.  Our  own  government  has 
hastened  this  advance,  for  it  has  been  a  party  to  about 
fifty  out  of  one  hundred  and  twenty  arbitrations.  Ques- 
tions settled  in  this  manner,  such  as  boundary,  damages 
inflicted  by  war  or  civil  disturbances,  and  injuries  to  com- 
merce, would  formerly  have  led  to  war.  Twenty  of  these 
cases  have  been  between  the  United  States  and  Great 
Britain,  and  a  settlement  was  effected  when,  at  times,  it 
seemed  as  if  war  could  not  be  averted.  Among  others 
may  be  mentioned  the  Alabama  Question,  which  was 
decided  by  the  Geneva  Conference  in  1871,*  and  the 
Behring  Sea  Seal  Fisheries  Question,  which  was  finally 
settled  by  a  tribunal  at  Paris  in  1893. f 
The  Hague  The  work  of  The  Hague  Peace  Conference,  which  met 
1899.  '  May  18,  1899,  constituted  a  fitting  close  to  the  efforts 
which  were  put  forth  during  the  century  to  bring  about 
conciliation  through  arbitration.  The  Conference  assem- 
bled in  response  to  an  invitation  issued  by  the  Czar  of 
Russia  "on  behalf  of  disarmament  and  the  permanent 
peace  of  the  world."  One  hundred  and  ten  delegates 
were  present,  representing  twenty-six  different  powers, 
of  which  the  United  States  was  one.  The  delegates  were 
divided  into  three  commissions,  each  having  separate  sub- 
jects for  consideration. 
Disarma-  (1)  The  first  Commission  adopted  unanimously  the  res- 

olution that  "the  limitation  of  the  military  charges  which 

*  See  American  History,  pp.  438,  439. 

t  The  Venezuela  question  was  likewise  important.   See  American  History, 
pp.  486-488. 


ment. 


Arbitration. 


INTERNATIONAL  LAW— ARBITRATION    305 

so  oppress  the  world  is  greatly  to  be  desired,"  but  agreed 
that  this  could  not  now  be  accomplished  through  an  in- 
ternational compact. 

(2)  In  the  second  commission  a  revision  of  the  Declara-   Rules  of 

.  Wars. 

tion  of  Brussels  concerning  the  rules  of  war  was  made. 
It  was  agreed  by  the  entire  Conference  that  a  new  Con- 
vention for  this  purpose  should  be  called,  and  that  the 
protection  offered  by  the  red  cross  as  agreed  upon  in 
the  Geneva  Convention  should  also  be  extended  to  naval 
warfare. 

(3)  The  proposition  expressing  the  desire  that  interna-  interna- 
tional conflicts  might  in  the  future  be  settled  through  Court  of 
arbitration  was  considered  by  the  third  commission. 
Said  the  late  ex-President  Harrison :  "  The  greatest  achieve- 
ment of  The  Hague  Conference  was  the  establishment 
of  an  absolutely  impartial  judicial  tribunal."  Some  of 
the  leading  features  of  this  permanent  Court  of  Arbitra- 
tion were  provided  for  as  follows:  (1)  Each  nation  which 
agreed  to  the  proposition  was  to  appoint,  within  three 
months,  four  persons  of  recognized  competency  in  inter- 
national law,  who  were  to  serve  for  six  years  as  members 
of  the  International  Court.  (2)  An  International  Bureau 
was  established  at  The  Hague  for  the  purpose  of  carrying 
on  all  intercourse  between  the  signatory  Powers  relative 
to  the  meetings  of  the  Court,  and  to  serve  also  as  the  record- 
ing office  for  the  Court.  (3)  Nations  in  dispute  may 
select  from  the  list  of  names  appointed  as  above,  and  sub- 
mitted to  them  by  the  Bureau,  those  persons  whom  they 
desire  to  act  as  arbitrators.  (4)  The  meetings  of  the 
Court  are  to  be  held  at  The  Hague,  unless  some  other 
place  is  stipulated  by  the  nations  in  the  controversy. 
This  Court  was  convened  for  the  first  time  May,  18,  1901, 
and  the  first  case  submitted  was  one  between  the  United 
States  and  Mexico.  It  is  readily  seen  that  the  advan- 
tages of  such  a  court  are  that  unprejudiced  arbitrators 


306   INTERNATIONAL  LAW— ARBITRATION 

are  selected;  rules  of  procedure  are  defined;  and  that  de- 
cisions rendered  are  more  liable  to  be  accepted  in  future 
cases,  and  thus  a  code  will  be  formed.  So  many  cases 
have  been  submitted  to  this  tribunal  and  satisfactorily 
disposed  of  that  it  has  been  said  that  a  government  which 
will  not  now  try  arbitration  before  resorting  to  arms,  is 
no  longer  considered  respectable.  In  1910,  provision  was 
made  for  a  permanent  home  for  the  court  through  the 
gift  of  $1,500,000  by  Andrew  Carnegie. 
The  In  1904,  President  Roosevelt  proposed  a  second  Hague 

Hague  conference  to  the  nations  which  had  taken  part  in  the  first 

Conference,  t-.         •         i  -it  i   •  i    i  i 

1907.  one.     Russia,  then  at  war  with  Japan,  objected,  but  when 

peace  was  restored  Emperor  Nicholas  II  issued  an  invi- 
tation to  fifty-three  nations  to  send  representatives  to  such 
a  conference.  Delegates  from  forty-five  of  these  nations 
responded  by  sending  delegates  to  The  Hague  in  the  sum- 
mer of  1907.  Among  the  positive  results  of  the  confer- 
ence were;  (1)  The  declaration  was  adopted  prohibiting 
the  throwing  of  projectiles  and  explosives  from  balloons; 
(2)  Provision  was  made  for  an  international  prize  court  to 
which  appeal  might  be  made  from  the  prize  courts  of  the 
belligerent  powers;  and  (3)  Agreement  upon  certain  prin- 
ciples relating  to  the  laws  and  customs  of  war.  While  no 
definite  position  was  taken  relating  to  military  and  naval 
expenditures,  this  problem  was  referred  to  the  respective 
governments  for  "serious  study."  Belief  was  reasserted  in 
the  obligatory  arbitration  of  all  questions  relating  to  trea- 
ties and  international  problems  of  a  legal  nature,  but  the 
principle  was  not  adopted  although  thirty-two  powers 
favored  it.  It  was  recommended  that  another  conference 
should  be  called  after  an  interval  of  eight  years. 
Other  Many  societies  are  now  organized  for  the  purpose  of 

move-  bringing  about  disarmament  and   the   settlement  of  all 

international   disputes    through   arbitration.     Individuals 
have  contributed  large  sums  of  money  toward  the  move- 


INTERNATIONAL  LAW— ARBITRATION    307 

ment  for  universal  peace.     With  this  object  in  view,  Mr. 
Carnegie,  in  1910,  created  a  fund  of  $10,000,000. 


Suggestive  Questions  and  References 

1.  The  Peace  Conference  at  The  Hague,  1899,  N.  A.  Rev., 
168  :  771-778;  169  :  604-624;  625-639;  N.  Eng.  Mag.,  19  : 
580-585;  Forum,  28  :  1-12;  Outlook,  62  :  22-25;  Reasons  for 
Russia's  Desire  for  Peace,  Rev.  of  R's,  18  :  376-377;  19  :  432- 
434. 

2.  The  text  of  the  arbitration  agreement  made  at  The  Hague 
Conference  is  found  in  Rev.  of  R's,  21  :  51-55;  Moore,  What  the 
Arbitration  Treaty  is  Not,  Rev.  of  R's,  21  :  50-51. 

3.  What  was  the  arbitration  treaty  negotiated  with  England 
in  1897?  Forum,  23  :  13-27;  Outlook,  55  :  223-224;  Fiske, 
Atl.  Mo.,  79  :  339-408.  For  what  reasons  was  the  treaty  rejected 
by  the  Senate?     Outlook,  55  :  960-961. 

4.  The  Second  Hague  Conference.  Outlook,  86  :  155-159; 
Rev.  of  R's,  36  :  529-530;   727;  N.  Am.  Rev.,  186  :  576-580. 


APPENDIX  A 


CONSTITUTION 

OF    THE 

UNITED  STATES  OF  AMEEICA. 

We  the  people  of  the  United  States,  in  order  to  form  a  more 
perfect  union,  establish  justice,  insure  domestic  tranquillity,  pro- 
vide for  the  common  defence,  promote  the  general  welfare,  and 
secure  the  blessings  of  liberty  to  ourselves  and  our  posterity,  do 
ordain  and  establish  this  Constitution  for  the  United  States  of 
America 

ARTICLE  I. 

Section  I.  All  legislative  powers  herein  granted  shall  be  vested 
in  a  Congress  of  the  United  States,  which  shall  consist  of  a  Senate 
and  a  House  of  Representatives. 

Sect.  II.  1.  The  House  of  Representatives  shall  be  composed 
of  members  chosen  every  second  year  by  the  people  of  the  several 
States,  and  the  electors  in  each  State  shall  have  the  qualifications 
requisite  for  electors  of  the  most  numerous  branch  of  the  State 
Legislature. 

2.  No  person  shall  be  a  Representative  who  shall  not  have 
attained  to  the  age  of  twenty-five  years,  and  been  seven  years  a 
citizen  of  the  United  States,  and  who  shall  not,  when  elected,  be 
an  inhabitant  of  that  State  in  which  he  shall  be  chosen. 

3.  Representatives  and  direct  taxes  shall  be  apportioned  among 
the  several  States  which  may  be  included  within  this  Union,  accord- 
ing to  their  respective  numbers,  which  shall  be  determined  by  add- 
ing to  the  whole  number  of  free  persons,  including  those  bound  to 
service  for  a  term  of  years,  and  excluding  Indians  not  taxed,  three 
fifths  of  all  other  persons.  The  actual  enumeration  shall  be  made 
within  three  years  after  the  first  meeting  of  the  Congress  of  the 

308 


Constitution  of  the  United  States  of  America     309 

(Jnited  States,  and  within  every  subsequent  term  of  ten  years,  in 
such  manner  as  they  shall  by  law  direct.  The  number  of  Repre- 
sentatives shall  not  exceed  one  for  every  thirty  thousand,  but  each 
State  shall  have  at  least  one  representative ;  and  until  such  enu- 
meration shall  be  made,  the  State  of  New  Hampshire  shall  be  enti- 
tled to  choose  three,  Massachusetts  eight,  Rhode  Island  and  Provi- 
dence Plantations  one,  Connecticut  five,  New  York  six.  New  Jersey 
four,  Pennsylvania  eight,  Delaware  one,  Maryland  six,  Virginia 
ten,  North  Carolina  five.  South  Carolina  five,  and  Georgia  three. 

4.  When  vacancies  happen  in  the  representation  from  any  State, 
the  Executive  authority  thereof  shall  issue  writs  of  election  to  fill 
such  vacancies. 

5.  The  House  of  Representatives  shall  choose  their  Speaker  and 
other  officers  ;  and  shall  have  the  sole  power  of  impeachment. 

Sect.  III.  1.  The  Senate  of  the  United  States  shall  be  com- 
posed of  two  Senators  from  each  State,  chosen  by  the  legislature 
thereof,  for  six  years ;  and  each  Senator  shall  have  one  vote. 

2.  Immediately  after  they  shall  be  assembled  in  consequence  of 
the  first  election,  they  shall  be  divided  as  equally  as  may  be  into 
three  classes.  The  seats  of  the  Senators  of  the  first  class  shall  be 
vacated  at  the  expiration  of  the  second  year,  of  the  second  class  at 
the  expiration  of  the  fourth  year,  and  of  the  third  class  at  the  ex- 
piration of  the  sixth  year,  so  that  one  third  may  be  chosen  every 
second  year;  and  if  vacancies  happen  by  resignation  or  otherwise, 
during  the  recess  of  the  legislature  of  any  State,  the  Executive 
thereof  may  make  temporary  appointments  until  the  next  meeting 
of  the  legislature,  which  shall  then  fill  such  vacancies. 

3.  No  person  shall  be  a  Senator  who  shall  not  have  attained  to 
the  age  of  thirty  years,  and  been  nine  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that 
State  for  which  he  shall  be  chosen. 

4.  The  Vice-President  of  the  United  States  shall  be  President  of 
the  Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

5.  The  Senate  shall  choose  their  other  oflBcers,  and  also  a 
President  pro  tempore,  in  the  absence  of  the  Vice-President,  or 
when  he  shall  exercise  the  office  of  President  of  the  United  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  impeach- 
ments. "When  sitting  for  that  purpose,  they  shall  be  on  oath  or 
aflSxmation.  When  the  President  of  the  United  States  is  tried,  the 
Chief  Justice  shall  preside  :  and  no  person  shall  be  convicted  with- 
out the  concurrence  of  two  thirds  of  the  members  present. 


310  Appendix  A 

7.  Judgment  in  cases  of  impeachment  shall  not  extend  furthei 
than  to  removal  from  office,  and  disqualification  to  hold  and  enjoy 
any  office  of  honor,  trust  or  profit  under  the  United  States:  but 
the  party  convicted  shall  nevertheless  be  liable  and  subject  to  in- 
dictment, trial,  judgment  and  punishment,  according  to  law. 

Sect.  IV.  1.  The  times,  places  and  manner  of  holding  elec- 
tions for  Senators  and  Representatives  shall  be  prescribed  in  each 
State  by  the  legislature  thereof ;  but  the  Congress  may  at  any  time 
by  law  make  or  alter  such  regulations,  except  as  to  the  places  of 
choosing  Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every  year,  and 
such  meeting  shall  be  on  the  first  Monday  in  December,  unless  they 
shall  by  law  appoint  a  different  day. 

Sect.  V.  1.  Each  house  shall  be  the  judge  of  the  elections, 
returns  and  qualifications  of  its  own  members,  and  a  majority  of 
each  shall  constitute  a  quorum  to  do  business ;  but  a  smaller  num- 
ber may  adjourn  from  day  to  day,  and  may  be  authorized  to  compel 
the  attendance  of  absent  members,  in  such  manner,  and  under  such 
penalties,  as  each  house  may  provide. 

2.  Each  house  may  determine  the  rules  of  its  proceedings,  pun- 
ish its  members  for  disorderly  behavior,  and  with  the  concurrence 
of  two  thirds,  expel  a  member. 

3.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  from 
time  to  time  publish  the  same,  excepting  such  parts  as  may  in  their 
judgment  require  secrecy ;  and  the  yeas  and  nays  of  the  members 
of  either  house  on  any  question  shall,  at  the  desire  of  one  fifth  of 
those  present,  be  entered  on  the  journal. 

4.  Neither  house,  during  the  session  of  Congress,  shall,  without 
the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to 
any  other  place  than  that  in  which  the  two  houses  shall  be  sitting. 

Sect.  VI.  1.  The  Senators  and  Representatives  shall  receive  a 
compensation  for  their  services,  to  be  ascertained  by  law  and  paid 
out  of  the  treasury  of  the  United  States.  They  shall  in  all  cases 
except  treason,  felony  and  breach  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  the  session  of  their  respective 
houses,  and  in  going  to  and  returning  from  the  same ;  and  for  any 
speech  or  debate  in  either  house,  they  shall  not  be  questioned  in 
any  other  place. 

2.  No  Senator  or  Representative  shall,  during  the  time  for  which 
he  was  elected,  be  appointed  to  any  civil  office  under  the  authority 
of  the  United  States,  which  shall  have  been  created,  or  the  emolu- 


Constitution  of  the  United  States  of  America     311 

ments  whereof  shall  have  been  increased,  during  such  time ;  and 
no  person  holding  any  oflSce  under  the  United  States  shall  be  a 
member  of  either  house  during  his  continuance  in  office. 

Sect.  VII.  1.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives ;  but  the  Senate  may  propose  or  concur 
with  amendments  as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  the  House  of  Representa- 
tives and  the  Senate,  shall,  before  it  become  a  law,  be  presented  to 
the  President  of  the  United  States ;  if  he  approve  he  shall  sign 
it,  but  if  not  he  shall  return  it  with  his  objections  to  that  house 
in  which  it  shall  have  originated,  who  shall  enter  the  objections  at 
large  on  their  journal,  and  proceed  to  reconsider  it.  If  after  such 
reconsideration  two  thirds  of  that  house  shall  agree  to  pass  the  bill, 
it  shall  be  sent,  together  with  the  objections,  to  the  other  house, 
by  which  it  shall  likewise  be  reconsidered,  and,  if  approved  by  two 
thirds  of  that  house,  it  shall  become  a  law.  But  in  all  such  cases 
the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  persons  voting  for  and  against  the  bill  shall 
be  entered  on  the  journal  of  each  house  respectively.  If  any  bill 
shall  not  be  returned  by  the  President  within  ten  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the  same  shall 
be  a  law,  in  like  manner  as  if  he  had  signed  it,  unless  the  Congress 
by  their  adjournment  prevent  its  return,  in  wliich  case  it  shall  not 
be  a  law. 

3.  Every  order,  resolution,  or  vote  to  which  the  concurrence  of 
the  Senate  and  House  of  Representatives  may  be  necessary  (except 
on  a  question  of  adjournment)  shall  be  presented  to  the  President 
of  the  United  States ;  and  before  the  same  shall  take  effect,  shall 
be  approved  by  him,  or  being  disapproved  by  him,  shall  be  re- 
passed by  two  thirds  of  the  Senate  and  House  of  Representatives, 
according  to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

Sect.  VIII.  The  Congress  shall  have  power 

1.  To  lay  and  collect  taxes,  duties,  imposts,  and  excises,  to  pay 
the  debts  and  provide  for  the  common  defence  and  general  welfare 
of  the  United  States ;  but  all  duties,  imposts  and  excises  shall  be 
uniform  throughout  the  United  States ; 

2.  To  borrow  money  on  the  credit  of  the  United  States ; 

3.  To  regulate  commerce  with  foreign  nations,  and  among  the 
■everal  States,  and  with  the  Indian  tribes ; 

4.  To  establish  an  uniform  rule  of  naturalization,  and  uniform 
laws  on  the  subject  of  bankruptcies  throughout  the  United  States ; 


312  Appendix  A 

5.  To  coin  money,  regulate  the  value  thereof,  and  of  foreign 
coin,  and  fix  the  standard  of  weights  and  measures ; 

6.  To  provide  for  the  punishment  of  counterfeiting  the  securities 
and  current  coin  of  the  United  States ; 

7.  To  establish  post  offices  and  post  roads ; 

8.  To  promote  the  progress  of  science  and  useful  arts  by  secur- 
ing for  limited  times  to  authors  and  inventors  the  exclusive  right 
to  their  respective  writings  and  discoveries; 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court; 

10.  To  define  and  punish  piracies  and  felonies  committed  on  the 
high  seas  and  offences  against  the  law  of  nations ; 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning  captures  on  land  and  water  ; 

12.  To  raise  and  support  armies,  but  no  appropriation  of  money 
to  that  use  shall  be  for  a  longer  term  than  two  years  ; 

13.  To  provide  and  maintain  a  navy ; 

14.  To  make  rules  for  the  government  and  regulation  of  the  land 
and  naval  forces ; 

15.  To  provide  for  calling  forth  the  militia  to  execute  the  laws 
of  the  Union,  suppress  insurrections,  and  repel  invasions ; 

16.  To  provide  for  organizing,  arming  and  disciplining  the  mili- 
tia, and  for  governing  such  part  of  them  as  may  be  employed  in 
the  service  of  the  United  States,  reserving  to  the  States  respective- 
ly the  appointment  of  the  officers,  and  the  authority  of  training  the 
militia  according  to  the  discipline  prescribed  by  Congress ; 

17.  To  exercise  exclusive  legislation  in  all  cases  whatsoever,  over 
such  district  (not  exceeding  ten  miles  square)  as  may,  by  cession  of 
particular  States,  and  the  acceptance  of  Congress,  become  the  seat 
of  government  of  the  United  States,  and  to  exercise  like  authority 
over  all  places  purchased  by  the  consent  of  the  legislature  of  the 
State,  in  which  the  same  shall  be,  for  the  erection  of  forts,  maga- 
zines, arsenals,  dock-yards,  and  other  needful  buildings;— and 

18.  To  make  all  laws  which  shall  be  necessary  and  proper  for 
carrying  into  execution  the  foregoing  powers,  and  all  other  powers 
vested  by  this  Constitution  in  the  government  of  the  United  States, 
or  in  any  department  or  office  thereof. 

Sect.  IX.  1.  The  migration  or  importation  of  such  persons  as 
any  of  the  States  now  existing  shall  think  proper  to  admit  shall  not 
be  prohibited  by  the  Congress  prior  to  the  year  1808 ;  but  a  tax  or 
duty  may  be  imposed  on  such  importation,  not  exceeding  $10  for 
each  person. 


Constitution  of  the  United  States  of  America     313 

2.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when  in  cases  of  rebellion  or  invasion  the  public 
safety  may  require  it. 

3.  No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

4.  No  capitation,  or  other  direct,  tax  shall  be  laid,  unless  in  pro- 
portion to  the  census  or  enumeration  herein  before  directed  to  be 
taken. 

5.  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any 

State. 

6.  No  preference  shall  be  given  by  any  regulation  of  commerce 
or  revenue  to  the  ports  of  one  State  over  those  of  another :  nor 
shall  vessels  bound  to,  or  from,  one  State,  be  obliged  to  enter, 
clear,  or  pay  duties  in  another. 

7.  No  money  shall  be  drawn  from  the  treasury,  but  in  con- 
sequence of  appropriations  made  by  law ;  and  a  regular  statement 
and  account  of  the  receipts  and  expenditures  of  all  public  money 
shall  be  published  from  time  to  time. 

8.  No  title  of  nobility  shall  be  granted  by  the  United  States :  and 
no  person  holding  any  oflBce  of  profit  or  trust  under  them,  shall, 
without  the  consent  of  the  Congress,  accept  of  any  present,  emolu- 
ment, oflBce,  or  title,  of  any  kind  whatever,  from  any  king,  prince, 
or  foreign  state. 

Sect.  X.  1.  No  State  shall  enter  into  any  treaty,  alliance,  or 
confederation ;  grant  letters  of  marque  and  reprisal ;  coin  money ; 
smit  bills  of  credit;  make  anything  but  gold  and  silver  coin  a  ten- 
der in  payment  of  debts ;  pass  any  bill  of  attainder,  ex  post  facto 
law,  or  law  impairing  the  obligation  of  contracts,  or  grant  any  title 
of  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress,  lay  any 
imposts  or  duties  on  imports  or  exports,  except  what  may  be  ab- 
solutely necessary  for  executing  its  inspection  laws  :  and  the  net 
produce  of  all  duties  and  imposts,  laid  by  any  State  on  imports  or 
exports,  shall  be  for  the  use  of  the  treasury  of  the  United  States ; 
and  all  such  laws  shall  be  subject  to  the  revision  and  control  of 
the  Congress. 

3.  No  State  shall,  without  the  consent  of  Congress,  lay  any  duty 
of  tonnage,  keep  troops,  or  ships  of  war  in  time  of  peace,  enter  into 
any  agreement  or  compact  with  another  State,  or  with  a  foreign 
power,  or  engage  in  war,  unless  actually  invaded,  or  in  such  im- 
minent danger  as  will  not  admit  of  delay. 


314  Appendix  A 


ARTICLE   II. 

Section  I.  1.  The  executive  power  shall  be  vested  in  a  President 
of  the  United  States  of  America.  He  shall  hold  his  office  during  the 
term  of  four  years,  and  together  with  the  Vice-President,  chosen 
for  the  same  term,  be  elected  as  follows  : 

2.  Each  State  shall  appoint,  in  such  manner  as  the  legislature 
thereof  may  direct,  a  number  of  electors,  equal  to  the  whole  num- 
ber of  Senators  and  Representatives  to  which  the  State  may  be  en- 
titled in  the  Congress ;  but  no  Senator  or  Representative,  or  per- 
son holding  an  office  of  trust  or  profit  under  the  United  States, 
shall  be  appointed  an  elector. 

[The  electors  shall  meet  in  their  respective  States,  and  vote  by 
ballot  for  two  persons,  of  whom  one  at  least  shall  not  be  an  in- 
habitant of  the  same  State  with  themselves.  And  they  shall  make 
a  list  of  all  the  persons  voted  for,  and  of  the  number  of  votes  for 
each ;  which  list  they  shall  sign  and  certify,  and  transmit  sealed  to 
the  seat  of  government  of  the  United  States,  directed  to  the  Presi- 
dent of  the  Senate.  The  President  of  the  Senate  shall,  in  the 
presence  of  the  Senate  and  House  of  Representatives,  open  all  the 
certificates,  and  the  votes  shall  then  be  counted.  The  person  hav- 
ing the  greatest  number  of  votes  shall  be  the  President,  if  such 
number  be  a  majority  of  the  whole  number  of  electors  appointed  ; 
and  if  there  be  more  than  one  who  have  such  majority,  and  have 
an  equal  number  of  votes,  then  the  House  of  Representatives  shall 
immediately  choose  by  ballot  one  of  them  for  President ;  and  if  no 
person  have  a  majority,  then  from  the  five  highest  on  the  list  the 
said  house  shall  in  like  manner  choose  the  President.  But  in 
choosing  the  President  the  votes  shall  be  taken  by  States,  the  rep- 
resentation from  each  State  having  one  vote ;  a  quorum  for  thii 
purpose  shall  consist  of  a  member  or  members  from  two  thirds  of 
the  States,  and  a  majority  of  all  the  States  shall  be  necessary  to  a 
choice.  In  every  case,  after  the  choice  of  the  President,  the  person 
having  the  greatest  number  of  votes  of  the  electors  shall  be  the 
Vice-President.  But  if  there  should  remain  two  or  more  who  have 
equal  votes,  the  Senate  shall  choose  from  them  by  ballot  the  Vice- 
President.] 

3.  The  Congress  may  determine  the  time  of  choosing  the  electors, 
and  the  day  on  which  they  shall  give  their  votes ;  which  day  shall 
be  the  same  throughout  the  United  States. 

4.  No  person  except  a  natural  born  citizen,  or  a  citizen  of  the 


Constitution  of  the  United  States  of  America     315 

United  States,  at  the  time  of  the  adoption  of  this  Constitution,  shall 
be  eligible  to  the  office  of  President  ;  neither  shall  any  person  be 
eligible  to  that  ofl3ce  ■who  shall  not  have  attained  to  the  age  of 
^rty-five  years,  and  been  fourteen  years  a  resident  within  the 
United  States. 

5.  In  case  of  the  removal  of  the  President  from  office  or  of  his 
death,  resignation,  or  inability  to  discharge  the  powers  and  duties 
of  the  said  office,  the  same  shall  devolve  on  the  Vice-President,  and 
the  Congress  may  by  law  provide  for  the  case  of  removal,  death, 
resignation,  or  inability,  both  of  the  President  and  Vice-President, 
declaring  what  officer  shall  then  act  as  President,  and  such  officer 
shall  act  accordingly,  until  the  disability  be  removed,  or  a  Presi- 
dent shall  be  elected. 

6.  The  President  shall,  at  stated  times,  receive  for  his  services, 
a  compensation,  which  shall  neither  be  increased  nor  diminished 
during  the  period  for  which  he  shall  have  been  elected,  and  he  shall 
not  receive  within  that  period  any  other  emolument  from  the  United 
States,  or  any  of  them. 

7.  Before  he  enter  on  the  execution  of  his  office,  he  shall  take 
the  following  oath  or  affirmation : — "  I  do  solemnly  swear  (or  af- 
firm) that  I  will  faithfully  execute  the  office  of  President  of  the 
United  States,  and  will  to  the  best  of  my  ability,  preserve,  protect 
and  defend  the  Constitution  of  the  United  States." 

Sect.  II.  1.  The  President  shall  be  commander  in  chief  of  the 
army  and  navy  of  the  United  States,  and  of  the  militia  of  the 
several  States,  when  called  into  the  actual  service  of  the  United 
States  ;  he  may  require  the  opinion,  in  writing,  of  the  principal 
officer  in  each  of  the  executive  departments,  upon  any  subject  re- 
lating to  the  duties  of  their  respective  offices,  and  he  shall  have 
power  to  grant  reprieves  and  pardons  for  offences  against  the  United 
States,  except  in  cases  of  impeachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and  consent  of 
the  Senate,  to  make  treaties,  provided  two  thirds  of  the  Senators 
present  concur ;  and  he  shall  nominate,  and  by  and  with  the  advice 
and  consent  of  the  Senate,  shall  appoint  ambassadors,  other  public 
ministers  and  consuls,  judges  of  the  Supreme  Court,  and  all  other 
officers  of  the  United  States,  whose  appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by  law :  but 
the  Congress  may  by  law  vest  the  appointment  of  such  inferior 
officers,  as  they  think  proper,  in  the  President  alone,  in  the  courts  of 
law,  or  in  the  heads  of  departments. 


316  Appendix  A 

3.  The  President  shall  have  power  to  fill  np  all  vacancies  that 
may  happen  during  the  recess  of  the  Senate,  by  granting  commis- 
sions which  shall  expire  at  the  end  of  their  next  session. 

Sect.  III.  He  shall  from  time  to  time  give  to  the  Congress  in- 
formation of  the  state  of  the  Union,  and  recommend  to  their  con- 
sideration such  measures  as  he  shall  judge  necessary  and  expedient; 
he  may,  on  extraordinary  occasions,  convene  both  houses,  or  either 
of  them,  and  in  case  of  disagreement  between  them,  with  respect 
to  the  time  of  adjournment,  he  may  adjourn  them  to  such  time  as 
he  shall  think  proper ;  he  shall  receive  ambassadors  and  other  pub- 
lic ministers ;  he  shall  take  care  that  the  laws  be  faithfully  exe- 
cuted, and  shall  commission  all  the  oflBcers  of  the  United  States. 

Sect.  IV.  The  President,  Vice-President  and  all  civil  officers 
of  the  United  States,  shall  be  removed  from  office  on  impeachment 
for,  and  conviction  of,  treason,  bribery,  or  other  high  crimes  and 
misdemeanors. 

ARTICLE  III. 

Section  I.  I.  The  judicial  power  of  the  United  States,  shall  be 
vested  in  one  Supreme  Court,  and  in  such  inferior  courts  as  Con- 
gress may  from  time  to  time  ordain  and  establish.  The  judges, 
both  of  the  Supreme  and  inferior  courts,  shall  hold  their  offices 
during  good  behavior,  and  shall,  at  stated  times,  receive  for  their 
services,  a  compensation,  which  shall  not  be  diminished  during  their 
continuance  in  office. 

Sect.  II.  1.  The  judicial  power  shall  extend  to  all  cases,  in  law 
and  equity,  arising  under  this  Constitution,  the  laws  of  the  United 
States,  and  treaties  made  or  which  shall  be  made,  under  their  au- 
thority ;  —  to  all  cases  affecting  ambassadors,  other  public  minis- 
ters and  consuls;  — to  all  cases  of  admiralty  jurisdiction;  — to 
controversies  to  which  the  United  States  shall  be  a  party ;  —  to 
controversies  between  two  or  more  States ;  —  between  a  State  and 
citizens  of  another  State ;  —  between  citizens  of  different  States ; 
—  between  citizens  of  the  same  State  claiming  lands  under  grants 
of  different  States,  and  between  a  State,  or  the  citizens  thereof, 
and  foreign  states,  citizens  or  subjects. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers  and 
consuls,  and  those  in  which  a  State  shall  be  a  party,  the  Supreme 
Court  shall  have  original  jurisdiction.  In  all  the  other  cases  before 
mentioned,  the  Supreme  Court  shall  have  appellate  jurisdiction. 


Constitution  of  the  United  States  of  America     317 

both  as  to  law  and  fact,  with  each  exceptions,  and  under  such  reg- 
ulations as  the  Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall 
be  by  jury;  and  such  trial  shall  be  held  in  the  State  where  the  said 
crimes  shall  have  been  committed ;  but  when  not  committed  with- 
in any  State,  the  trial  shall  be  at  such  place  or  places  as  the  Con- 
gress may  by  law  have  directed. 

Sect.  III.  1.  Treason  against  the  United  States  shall  consist  only 
in  levying  war  against  them,  or  in  adhering  to  their  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or 
on  confession  in  open  court. 

2.  The  Congress  shall  have  power  to  declare  the  punishment  of 
treason,  but  no  attainder  of  treason  shall  work  corruption  of  blood, 
or  forfeiture  except  during  the  life  of  the  person  attainted. 


ARTICLE   IV. 

Section  I.  Full  faith  and  credit  shall  be  given  in  each  State  to 
the  public  acts,  records,  and  judicial  proceedings  of  every  other 
State.  And  the  Congress  may  by  general  laws  prescribe  the  man- 
ner in  which  such  acts,  records,  and  proceedings  shall  be  proved, 
and  the  effect  thereof. 

Sect.  II.  1.  The  citizens  of  each  State  shall  be  entitled  to  all 
privileges  and  immunities  of  citizens  in  the  several  States. 

2.  A  person  charged  in  any  State  with  treason,  felony,  or  other 
crime,  who  shall  flee  from  justice,  and  be  found  in  another  State, 
shall  on  demand  of  the  executive  authority  of  the  State  from 
which  he  fled,  be  delivered  up,  to  be  removed  to  the  State  having 
jurisdiction  of  the  crime. 

3.  No  person  held  to  service  or  labor  in  one  State,  under  the 
laws  thereof,  escaping  into  another,  shall,  in  consequence  of  any 
law  or  regulation  therein,  be  discharged  from  such  service  or  labor, 
but  shall  be  delivered  up  on  claim  of  the  party  to  whom  such  ser- 
vice or  labor  may  be  due. 

Sect.  III.  1.  New  States  may  be  admitted  by  the  Congress  into 
this  Union  ;  but  no  new  State  shall  be  formed  or  erected  within 
the  jurisdiction  of  any  other  State  ;  nor  any  State  be  formed  by 
the  junction  of  two  or  more  States,  or  parts  of  States,  without  the 
consent  of  the  legislatures  of  the  States  concerned  as  weU  as  of 
the  Congress. 


318  Appendix  A 

2.  The  Congress  shall  have  power  to  dispose  of  and  make  all 
needful  rules  and  regulations  respecting  the  territory  or  other 
property  belonging  to  the  United  States ;  and  nothing  in  this  Con- 
stitution shall  be  so  construed  as  to  prejudice  any  claims  of  the 
United  States,  or  of  any  particular  State. 

Sect.  IV.  The  United  States  shall  guarantee  to  every  State  in 
this  Union  a  republican  form  of  government,  and  shall  protect 
each  of  them  against  invasion ;  and  on  application  of  the  legislature, 
or  of  the  executive  (when  the  legislature  cannot  be  convened) 
against  domestic  violence. 

ARTICLE  V. 

The  Congress,  whenever  two  thirds  of  both  houses  shall  deem 
it  necessary,  shall  propose  amendments  to  this  Constitution,  or, 
on  the  application  of  the  legislatures  of  two  thirds  of  the  several 
States,  shall  call  a  convention  for  proposing  amendments,  which, 
in  either  case  shall  be  valid  to  all  intents  and  purposes,  as  part  of 
this  Constitution,  when  ratified  by  the  legislatures  of  three  fourths 
of  the  several  States,  or  by  conventions  in  three  fourths  thereof, 
as  the  one  or  the  other  mode  of  ratification  may  be  proposed  by 
the  Congress ;  provided  that  no  amendments  which  may  be  made 
prior  to  the  year  one  thousand  eight  hundred  and  eight  shall  in  any 
manner  affect  the  first  and  fourth  clauses  in  the  ninth  section  of 
the  first  article ;  and  that  no  State,  without  its  consent,  shall  be 
deprived  of  its  equal  suffrage  in  the  Senate. 


ARTICLE   VI. 

1.  All  debts  contracted  and  engagements  entered  into,  before  the 
adoption  of  this  Constitution,  shall  be  as  valid  against  the  United 
States  under  this  Constitution,  as  under  the  Confederation. 

2.  This  Constitution,  and  the  laws  of  the  United  States  which 
shall  be  made  in  pursuance  thereof ;  and  all  treaties  made,  or  which 
shall  be  made,  under  the  authority  of  the  United  States,  shall  be 
the  supreme  law  of  the  land;  and  the  judges  in  every  State  shall 
be  bound  thereby,  anything  in  the  Constitution  or  laws  of  any 
State  to  the  contrary  notwithstanding. 

3.  The  Senators  and  Representatives  before  mentioned,  and 
the  members  of  the  several  State  legislatures,  and  all  executive 
and  judicial  officers,  both  of  the  United  States  and  of  the  B«veral 


Constitution  of  the  United  States  of  America     319 

States,  shall  be  bound  by  oath  or  affirmation,  to  support  this  Con- 
stitution; but  no  religious  test  shall  ever  be  required  as  a  qualifi- 
cation to  any  office  or  public  trust  under  the  United  States. 


ARTICLE   VII. 

The  ratification  of  the  conventions  of  nine  States,  shall  be  suf- 
ficient for  the  establishment  of  this  Constitution  between  the  States 
Bo  ratifying  the  same. 

Done  in  Convention  by  the  unanimous  consent  of  the  States  pres- 
ent, the  seventeenth  day  of  September  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  eighty-seven  and  of  the  Inde- 
pendence of  the  United  States  of  America  the  twelfth.  In  wit- 
ness whereof  we  have  hereunto  subscribed  our  names. 


[Signed  by] 

New^  Hampshire. 
John  Langdon, 
Nicholas  Oilman. 

Massachusetts. 
Nathaniel  Gorham, 
Rufus  King. 

Connecticut. 


G"  Washington, 
Presidt  and  Deputy  from  Virginia. 


Pennsylvakia. 
B  Franklin, 
Thomas  Mifflin, 
Robt.  Morris, 
Geo.  Clymer, 
Tho.  Fitz  Simons, 
Jared  Ingersoll, 


Wm.  Saml.  Johnson,   James  "Wilson, 


Roger  Sherman. 

New  York. 
Alexander  Hamilton. 

New  Jersey. 
Wil :  Livingston, 
David  Brearley, 
Wm  :  Paterson, 
Jona :  Dayton. 


Gouv  Morris. 

Delaware. 
Geo :  Read, 
Gunning  Bedford, 

Jnn, 
John  Dickinson, 
Richard  Bassett, 
Jaco :  Broom. 

Maryland. 
James  McHenry, 
Dan  of  St.  Thos. 

Jenifer, 
Danl  Carroll. 

Attest :  William  Jackson,  Secretary. 


Virginia. 
John  Blair, 
James  Madison,  Jr. 

North  Carolina. 
Wm.  Blount, 
Richd.  Dobbs  Spaight, 
Hu  Williamson. 

South  Carolina. 
J.  Rutledge, 
Charles  Cotesworth 

Pinckney, 
Charles  Pinckney, 
Pierce  Butler. 

Georgia. 
William  Fen, 
Abr  Baldwin. 


320  Appendix  A 

Articles  in  Addition  to  and  Amendment  of  the  Constitctiom 
OF  THE  United  States  of  America,  Proposed  by  Congress, 
and  Ratified  by  the  Legislatures  of  the  Several  States, 
Pursuant  to  the  Fifth  Article  of  the  Original  Consti- 
tution. 

Article  I. — Congress  shall  make  no  law  respecting  an  establish- 
ment of  religion,  or  prohibiting  the  free  exercise  thereof  ;  or 
abridging  the  freedom  of  speech,  or  of  the  press  ;  or  the  right  of 
the  people  peaceably  to  assemble,  and  to  petition  the  government 
for  a  redress  of  grievances. 

Article  II. — A  well-regulated  militia,  being  necessary  to  the  se- 
curity of  a  free  State,  the  right  of  the  people  to  keep  and  bear 
arms,  shall  not  be  infringed. 

Article  III. — No  soldier  shall,  in  time  of  peace  be  quartered  in 
any  house  without  the  consent  of  the  owner,  nor  in  time  of  war, 
but  in  a  manner  to  be  prescribed  by  law. 

Article  IV. — The  right  of  the  people  to  be  secure  in  their  per- 
sons, houses,  papers,  and  effects,  against  unreasonable  searches  and 
seizures,  shall  not  be  violated,  and  no  warrants  shall  issue  but  upon 
probable  cause,  supported  by  oath  or  affirmation,  and  particularly 
describing  the  place  to  be  searched,  and  the  persons  or  things  to 
be  seized. 

Article  V. — No  person  shall  be  held  to  answer  for  a  capital,  or 
otherwise  infamous  crime,  unless  on  a  presentment  or  indictment  of 
a  grand  jury  except  in  cases  arising  in  the  land  or  naval  forces,  or 
in  the  militia,  when  in  actual  service  in  time  of  war  or  public  dan- 
ger ;  nor  shall  any  person  be  subject  for  the  same  offence  to  be 
twice  put  in  jeopardy  of  life  or  limb  ;  nor  shall  be  compelled  in 
any  criminal  case  to  be  a  witness  against  himself,  nor  be  deprived 
of  life,  liberty,  or  property,  without  due  process  of  law  ;  nor 
shall  private  property  be  taken  for  public  use  without  just  compen- 
sation. 

Article  VI. — In  all  criminal  prosecutions  the  accused  shall  en- 
joy the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of 
the  State  and  district  wherein  the  crime  shall  have  been  committed, 
which  district  shall  have  been  previously  ascertained  by  law,  and  to 
be  informed  of  the  nature  and  cause  of  the  accusation  ;  to  be  con- 
fronted with  the  witnesses  against  him  ;  to  have  compulsory  process 
for  obtaining  witnesses  in  his  favor,  and  to  hare  the  assistance  of 
counsel  for  his  defence. 


Constitution  of  the   United  States  of  America     321 

Article  VII. — In  suits  at  common  law',  where  the  value  in  contro- 
versy shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be 
preserved,  and  no  fact  tried  by  a  jury  shall  be  otherwise  re-exam- 
ined in  any  court  of  the  United  States,  than  according  to  the  rules 
of  the  common  law. 

Article  VIII. — Excessive  bail  shall  not  be  required,  nor  exces- 
sive fines  imposed,  nor  cruel  and  unusual  punishments  inflicted. 

Article  IX. — The  enumeration  in  the  Constitution,  of  certain 
rights,  shall  not  be  construed  to  deny  or  disparage  others  retained 
by  the  people. 

Article  X. — The  powers  not  delegated  to  the  United  States  by 
the  Constitution,  nor  prohibited  by  it  to  the  States,  are  reserved  to 
the  States  respectively,  or  to  the  people. 

Article  XI. — The  judicial  power  of  the  United  States  shall  not 
be  construed  to  extend  to  any  suit  in  law  or  equity,  commenced  or 
prosecuted  against  one  of  the  United  States  by  citizens  of  another 
State,  or  by  citizens  or  subjects  of  any  foreign  state. 

Article  XII. — 1.  The  electors  shall  meet  in  their  respective 
States,  and  vote  by  ballot  for  President  and  Vice-President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of  the  same  State  with 
themselves ;  they  shall  name  in  their  ballots  the  person  voted  for 
as  President,  and  in  distinct  ballots  the  person  voted  for  as  Vice- 
President,  and  they  shall  make  distinct  lists  of  all  persons  voted  for 
as  President,  and  of  all  persons  voted  for  as  Vice-President,  and  of 
the  number  of  votes  for  each,  which  lists  they  shall  sign  and  cer- 
tify, and  transmit  sealed  to  the  seat  of  government  of  the  United 
States,  directed  to  the  President  of  the  Senate ;  —  the  President 
of  the  Senate  shall,  in  the  presence  of  the  Senate  and  House  of 
Representatives,  open  all  the  certificates  and  the  votes  shall  then 
be  counted ;  —  the  person  having  the  greatest  number  of  votes 
for  President  shall  be  the  President,  if  such  number  be  a  majority 
of  the  whole  number  of  electors  appointed ;  and  if  no  person  have 
such  majority,  then  from  the  persons  having  the  highest  numbers 
not  exceeding  three  on  the  list  of  those  voted  for  as  President,  the 
House  of  Representatives  shall  choose  immediately,  by  ballot,  the 
President.  But  in  choosing  the  President,  the  votes  shall  be  taken 
by  States,  the  representation  from  each  State  having  one  vote ;  a 
quorum  for  this  purpose  shall  consist  of  a  member  or  members 
from  two  thirds  of  the  States,  and  a  majority  of  all  the  States  shall 
be  necessary  to  a  choice.  And  if  the  House  of  Representatives 
shall  not  choose  a  President  whenever  the  right  of  choice  shall  de- 


322  Appendix  A 

Tolve  upon  them,  before  the  fourth  day  of  March  next  following, 
then  the  Vice-President  shall  act  as  President,  as  in  the  case  of  the 
death  or  other  constitutional  disability  of  the  President.  —  The 
person  having  the  greatest  number  of  votes  as  Vice-President,  shall 
be  the  Vice-President,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed,  and  if  no  person  have  a  majority, 
then  from  the  two  highest  numbers  on  the  list,  the  Senate  shall 
choose  the  Vice-President ;  a  quorum  for  the  purpose  shall  consist 
of  two  thirds  of  the  whole  number  of  Senators,  and  a  majority  of 
the  whole  number  shall  be  necessary  to  a  choice.  But  no  person 
constitutionally  ineligible  to  the  office  of  President  shall  be  eligible 
to  that  of  Vice-President  of  the  United  States. 

Article  XIII.— Section  1.  Neither  slavery  nor  involuntary  ser- 
vitude, except  as  a  punishment  for  crime  whereof  the  party  shall 
have  been  duly  convicted,  shall  exist  within  the  United  States,  or 
any  place  subject  to  their  jurisdiction. 

Section  2.  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

Article  XIV. — Section  1.  All  persons  born  or  naturalized  in 
the  United  States,  and  subject  to  the  jurisdiction  thereof,  are  citi- 
zens of  the  United  States  and  of  the  State  wherein  they  reside.  No 
State  shall  make  or  enforce  any  law  which  shall  abridge  the  privi- 
leges or  immunities  of  citizens  of  the  United  States ;  nor  shall  any 
State  deprive  any  person  of  life,  liberty,  or  property,  without  due 
process  of  law ;  nor  deny  to  any  person  within  its  jurisdiction  the 
equal  protection  of  the  laws. 

Section  2.  Representatives  shall  be  apportioned  amongthe  several 
States  according  to  their  respective  numbers,  counting  the  whole 
number  of  persons  in  each  State,  excluding  Indians  not  taxed.  But 
when  the  right  to  vote  at  any  election  for  the  choice  of  Electors  for 
President  and  Vice-President  of  the  United  States,  Representatives 
in  Congress,  the  executive  and  judicial  officers  of  a  State,  or  the 
members  of  the  legislature  thereof,  is  denied  to  any  of  the  male  in- 
habitants of  such  State,  being  twenty-one  years  of  age  and  citizens 
of  the  United  States,  or  in  any  way  abridged,  except  for  participation 
in  rebellion,  or  other  crime,  the  basis  of  representation  therein  shall 
be  reduced  in  the  proportion  which  the  number  of  such  male  citi- 
zens shall  bear  to  the  Avhole  number  of  male  citizens  twenty-one 
years  of  age  in  such  State. 

Section  3.  No  person  shall  be  a  Senator  or  Representative  in 
CJongress,  or  Elector  of  President  and  Vice-President,  or  hold  any 


Constitution  of  the  United  States  of  America     323 

oflace,  civil  or  military,  under  the  United  States,  or  under  any  State, 
who,  having  previously  taken  an  oath,  as  a  member  of  Congress,  or 
as  an  officer  of  the  United  States,  or  as  a  member  of  any  State  legis- 
lature, or  as  an  executive  or  judicial  officer  of  any  State,  to  support 
the  Constitution  of  the  United  States,  shall  have  engaged  in  insur- 
rection or  rebellion  against  the  same,  or  given  aid  or  comfort  to  the 
enemies  thereof.  But  Congress  may  by  a  vote  of  two  thirds  of  each 
house,  remove  such  disability. 

Section  4.  The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts  incurred  for  payment  of  pen- 
sions and  bounties  for  services  in  suppressing  insurrection  or  re- 
bellion, shall  not  be  questioned.  But  neither  the  United  States  nor 
any  State  shall  assume  or  pay  any  debt  or  obligation  incurred  in  aid 
of  insurrection  or  rebellion  against  the  United  States,  or  any  claim 
for  the  loss  or  emancipation  of  any  slave ;  but  all  such  debts,  ob- 
ligations, and  claims  shall  be  held  illegal  and  void. 

Section  5.  The  Congress  shall  have  power  to  enforce  by  appropri- 
ate legislation  the  provisions  of  this  article. 

Article  XV.— Section  1.  The  right  of  citizens  of  the  United 
States  to  vote  shall  not  be  denied  or  abridged  by  the  United  States 
or  any  State  on  account  of  race,  color,  or  previous  condition  of 
servitude. 

Section  2.  The  Congress  shall  have  power  to  enforce  this  article 
by  appropriate  legislation. 


APPENDIX   B 

AETICLES  OF   CONFEDEKATION' 

Articles  of  Confederation  and  Perpettuxl  Union  between  the  States  of 
New  Hampshire,  Massachusetts  Bay,  Rhode  Island  and  Providence 
Plantations.  Connedicid,  New  York,  New  Jersey,  Pennsylvania, 
Delaware,  Maryland^  Virginia,  North  Carolina,  South  Carolina, 
and  Georgia. 

Article  I. — The  style  of  this  Confederacy  shall  be,  *^  The 
United  States  of  America." 

Art.  II. — Each  State  retains  its  sovereignty,  freedom,  and  in- 
dependence, and  every  power,  jurisdiction,  and  right,  which  is  not 
by  this  Confederation  expressly  delegated  to  the  United  States  in 
Congress  assembled. 

ART.  III. — The  said  States  hereby  severally  enter  into  a  firm 
league  of  friendship  with  each  other,  for  their  common  defense, 
the  security  of  their  liberties,  and  their  mutual  and  general  wel- 
fare, binding  themselves  to  assist  each  other  against  all  force  of- 
fered to,  or  attacks  made  upon  them,  or  any  of  them,  on  account  of 
religion,  sovereignty,  trade,  or  any  other  pretense  whatever. 

Art.  rV. — The  better  to  secure  and  perpetuate  mutual  friend- 
ship and  intercourse  among  the  people  of  tlie  different  States  in 
this  Union,  the  free  inhabitants  of  each  of  these  States,  paupers, 
vagabonds,  and  fugitives  from  justice  excepted,  shall  be  entitled  to 
all  privileges  and  immunities  of  free  citizens  in  the  several  States ; 
and  the  people  of  each  State  shall  have  free  ingress  and  egress  to 
and  from  any  other  State,  and  shall  enjoy  thereiu  all  the  privileges 
of  trade  and  commerce  subject  to  the  same  duties,  impositions, 
and  restrictions  as  the  inliabitants  thereof  respectively ;  provided 
that  sucli  restrictione  shall  not  extend  so  far  as  to  prevent  the  re- 
moval of  property  imported  into  any  State  to  any  other  State  of 
which  the  owner  is  an  inhabitant ;  provided  also,  that  no  imposition, 
duties,  or  restriction  shall  be  laid  by  any  State  on  the  property  of 

324 


Articles  of  Confederaiioii  325 

the  United  States  or  either  of  them.  If  any  person  guilty  of,  or 
charged  with,  treason,  felony,  or  other  high  misdemeanor  in  any 
State  shall  flee  from  justice  and  be  found  in  any  of  the  United 
States,  he  shall,  upon  demand  of  the  governor  or  executive  power 
of  the  State  from  which  he  fled,  be  delirered  up  and  removed  to 
the  State  having  jurisdiction  of  his  offense.  Full  faith  and  credit 
shall  be  given  in  each  of  these  States  to  the  records,  acts,  and 
judicial  proceedings  of  the  courts  and  magistrates  of  every  other 
State. 

Art.  V. — For  the  more  convenient  management  of  the  general 
interests  of  the  United  States,  delegates  shall  be  annually  appointed 
in  such  manner  as  the  Legislature  of  each  State  shall  direct,  to 
meet  in  Congress  on  the  first  Monday  in  November,  in  every  year 
■with  a  power  reserved  to  each  State  to  recall  its  delegates,  or  any 
of  them,  at  any  time  within  the  year,  and  to  send  others  in  their 
stead  for  the  remainder  of  the  year.  No  State  shall  be  repre- 
sented in  Congress  by  less  than  two,  nor  by  more  than  seven  mem- 
bers ;  and  no  person  shall  be  capable  of  being  a  delegate  for  more 
than  three  years  in  any  term  of  six  years ;  nor  shall  any  person, 
being  a  delegate,  be  capable  of  holding  any  office  under  the 
United  States  for  which  he,  or  another  for  his  benefit,  receives 
any  salary,  fees,  or  emolument  of  any  kind.  Each  State  shall 
maintain  its  own  delegates  in  any  meeting  of  the  States  and  while 
they  act  as  members  of  the  Committee  of  the  States.  In  deter- 
mining questions  in  the  United  States  in  Congress  assembled,  each 
State  shall  have  one  vote.  Freedom  of  speech  and  debate  in  Con- 
gress shall  not  be  impeached  or  questioned  in  any  court  or  place  out 
of  Congress ;  and  the  members  of  Congress  shall  be  protected  in 
their  persons  from  arrests  and  imprisonment  during  the  time  of 
their  going  to  and  from,  and  attendance  on,  Congress,  except  for 
tareason,  felony,  or  breach  of  the  peace. 

Art.  VI.— No  State,  without  the  consent  of  the  United  States, 
in  Congress  assembled,  shall  send  any  embassy  to,  or  receive  any 
embassy  from,  or  enter  into  any  conference,  agreement,  alliance, 
or  treaty  with  any  king,  prince,  or  state;  nor  shall  any  person 
holding  any  office  of  profit  or  trust  under  the  United  States,  or  any 
of  them,  accept  of  any  present,  emolument,  office,  or  title  of  any 
kind  wliatever  from  any  king,  prince,  or  foreign  state;  nor  shall  the 
United  States,  in  Congress  assembled,  or  any  of  them,  grant  any 
title  of  nobility. 


326  Appendix  B 

No  two  or  more  States  shall  enter  into  any  treaty,  confederationj 
or  alliance  whatever  between  them,  without  the  consent  of  the 
United  States,  in  Congress  assembled,  specifying  accurately  the 
purposes  for  which  the  same  is  to  be  entered  into,  and  how  long  it 
shall  continue. 

No  State  shall  lay  any  imposts  or  duties  which  may  interfere 
with  any  stipulations  in  treaties  entered  into  by  the  United  States, 
in  Congress  assembled,  with  any  king,  prince,  or  state,  in  pursu- 
ance of  any  treaties  already  proposed  by  Congress  to  the  courts  of 
France  and  Spain. 

No  vessels  of  war  shall  be  kept  up  in  time  of  peace  by  any 
State,  except  such  number  only  as  shall  be  deemed  necessary  by 
the  United  States,  in  Congress  assembled,  for  the  defense  of  such 
State  or  its  trade,  nor  shall  any  body  of  forces  be  kept  up  by  any 
State  in  time  of  peace,  except  such  number  only  as,  in  the  judg- 
ment of  the  United  States,  in  Congress  assembled,  shall  be  deemed 
requisite  to  garrison  the  forts  necessary  for  the  defense  of  such 
State ;  but  every  State  shall  always  keep  up  a  well-regulated  and 
disciplined  militia,  sufficiently  armed  and  accoutred,  and  shall 
provide  and  constantly  have  ready  for  use  in  public  stores  a  due 
number  of  field-pieces  and  tents,  and  a  proper  quantity  of  arms, 
ammunition,  and  camp  equipage. 

No  State  shall  engage  in  any  war  without  the  consent  of  the 
United  States,  in  Congress  assembled,  unless  such  State  be  actually 
invaded  by  enemies,  or  shall  have  received  certain  advice  of  a 
resolution  being  formed  by  some  nation  of  Indians  to  invade  such 
State,  and  the  danger  is  so  imminent  as  not  to  admit  of  a  delay  till 
the  United  States,  in  Congress  assembled,  can  be  consulted ;  nor 
shall  any  State  grant  commissions  to  any  ships  or  vessels  of  war, 
nor  letters  of  marque  or  reprisal,  except  it  be  after  a  declaration  of 
war  by  the  United  States,  in  Congress  assembled,  and  then  only 
against  the  kingdom  or  state,  and  the  subjects  thereof,  against 
which  war  has  been  so  declared,  and  under  such  regulations  as  shall 
be  established  by  the  United  States,  in  Congress  assembled,  unless 
such  State  be  infested  by  pirates,  in  which  case  vessels  of  war 
may  be  fitted  out  for  that  occasion,  and  kept  so  long  as  the  danger 
shall  continue,  or  until  the  United  States,  in  Congress  assembled, 
shall  determine  otherwise. 

Art.  VII. — When  land  forces  are  raised  by  any  State  for  the 
common  defense,  all  officers  of  or  under  the  rank  of  Colonel  shall 


Articles  of  Confederation 


327 


be  sppo/iited  by  the  Legislature  of  each  State  respectively  by  whom 
such  forces  shall  be  raised,  or  in  such  manner  as  such  State  shall 
direct,  and  all  vacancies  shall  be  filled  up  by  the  State  which  first 
made  the  appointment. 

Art.  VIII. — All  charges  of  war,  and  all  other  expenses  that 
shall  be  incurred  for  the  common  defense,  or  general  welfare,  and 
allowed  by  the  United  States,  in  Congress  assembled,  shall  be 
defrayed  out  of  a  common  treasury,  wliich  shall  be  supplied  by 
the  several  States  in  proportion  to  the  value  of  all  land  within 
each  State,  granted  to,  or  surveyed  for,  any  person,  as  such  land 
and  the  buildings  and  improvements  thereon  shall  be  estimated, 
according  to  such  mode  as  the  United  States,  in  Congress  as- 
sembled, shall,  from  time  to  time,  direct  and  appoint.  The  taxes 
for  paying  that  proportion  shall  be  laid  and  levied  by  the  authority 
and  direction  of  the  Legislatures  of  the  several  States,  within  the 
time  agreed  upon  by  the  United  States,  in  Congress  assembled. 

Art.  IX.— The  United  States,  in  Congress  assembled,  shall  have 
the  sole  and  exclusive  right  and  power  of  determining  on  peace 
and  war,  except  in  the  cases  mentioned  in  the  sixth  Article ;  of  send- 
ing and  receiving  ambassadors ;  entering  into  treaties  and  alliances, 
provided  that  no  treaty  of  commerce  shall  be  made,  whereby  the  leg- 
islative power  of  the  respective  States  shall  be  restrained  from  im- 
posing such  imposts  and  duties  on  foreigners  as  their  own  people  are 
subjected  to,  or  from  prohibiting  the  exportation  or  importation  of 
any  species  of  goods  or  commodities  whatever;  of  establishing 
rules  f'lr  deciding,  in  all  cases,  what  captures  on  land  and  water 
shall  be  legal,  and  in  what  manner  prizes  taken  by  land  or  naval 
forces  in  the  service  of  the  United  States  shall  be  divided  or 
appropriated ;  of  granting  letters  of  marque  and  reprisal  in  times  of 
peace ;  appointing  courts  for  the  trial  of  piracies  and  felonies  com- 
mitted on  the  high  seas ;  and  establishing  courts  for  receiving  and 
determining  finally  appeals  in  all  cases  of  captures ;  provided  that 
no  member  of  Congress  shall  be  appointed  a  judge  of  any  of  the 
said  courts. 

The  United  States,  in  Congress  assembled,  shall  also  be  the  last 
resort  on  appeal  in  all  disputes  and  differences  now  subsisting,  or 
that  hereafter  may  arise  between  two  or  more  States  concerning 
boundary,  jurisdiction,  or  any  other  cause  whatever;  which  author- 
ity shall  always  be  exercised  in  the  manner  following :  Whenever 
the  legislative  or  executive  authority,  or  lawful  agent  of  any  State 


328  Appendix  B 

in  controTersy  with  another,  shall  present  a  petition  to  Congress, 
stating  the  matter  in  question,  and  praying  for  a  hearing,  notice 
thereof  shall  be  given  by  order  of  Congress  to  the  legislative  or 
executive  authority  of  the  other  State  in  controversy,  and  a  day 
assigned  for  the  appearance  of  the  parties  by  their  lawful  agents, 
who  shall  then  be  directed  to  appoint,  by  joint  consent,  commis- 
sioners or  judges  to  constitute  a  court  for  hearing  and  determining 
the  matter  in  question;  but  if  they  cannot  agree.  Congress  shall 
name  three  persons  out  of  each  of  the  United  States,  and  from  the 
list  of  such  persons  each  party  shall  alternately  strike  out  one,  the 
petitioners  beginning,  until  the  number  shall  be  reduced  to  thir- 
teen ;  and  from  that  number  not  less  than  seven  nor  more  than 
nine  names,  as  Congress  shall  direct,  shall,  in  the  presence  of 
Congress,  be  drawn  out  by  lot;  and  the  persons  whose  names  shall 
be  so  drawn,  or  any  five  of  them,  shall  be  commissioners  or 
judges,  to  hear  and  finally  determine  the  controversy,  so  always  as 
a  major  part  of  the  judges  who  shall  hear  the  cause  shall  agree  in 
the  determination ;  and  if  either  party  shall  neglect  to  attend  at 
the  day  appointed,  without  showing  reasons  which  Congress  shall 
judge  sufficient,  or  being  present,  shall  refuse  to  strike,  the  Con- 
gress shall  proceed  to  nominate  three  persons  out  of  each  State, 
and  the  secretary  of  Congress  shall  strike  in  behalf  of  such  party 
absent  or  refusing;  and  the  judgment  and  sentence  of  the  court, 
to  be  appointed  in  the  manner  before  prescribed,  shall  be  final  and 
conclusive ;  and  if  any  of  the  parties  shall  refuse  to  submit  to  the 
authority  of  such  court,  or  to  appear  or  defend  their  claim  or  cause, 
the  court  shall  nevertheless  proceed  to  pronounce  sentence  or 
judgment,  which  shall  in  like  manner  be  final  and  decisive ;  the 
judgment  or  sentence  and  other  proceedings  being  in  either  case 
transmitted  to  Congress,  and  lodged  among  the  acts  of  Congress 
for  the  security  of  the  parties  concerned ;  provided,  that  every 
commissioner,  before  he  sits  in  judgment,  shall  take  an  oath,  to  be 
administered  by  one  of  the  judges  of  the  supreme  or  superior  court 
of  the  State  where  the  cause  shall  be  tried,  "  well  and  truly  to  hear 
and  determine  the  matter  in  question,  according  to  the  best  of  his 
judgment,  without  favor,  affection,  or  hope  of  reward."  Provided, 
also,  that  no  State  shall  be  deprived  of  territory  for  the  benefit  of 
the  United  States. 

All  controversies  concerning  the  private  right  of  soil  claimed 
under  different  grants  of  two  or  more  States,  whose  jurisdictions, 


Articles  of  Confederation  329 

as  they  may  respect  such  lands,  and  the  States  which  passed  such 
grants  are  adjusted,  the  said  grants  or  either  of  them  being  at  the 
same  time  claimed  to  have  originated  antecedent  to  such  settlement 
of  jurisdiction,  shall,  on  the  petition  of  either  party  to  the  Con- 
gress of  the  United  States,  be  finally  determined,  as  near  as  may 
be,  in  the  same  manner  as  is  before  prescribed  for  deciding  dis- 
putes respecting  territorial  jurisdiction  between  different  States. 

The  United  States,  in  Congress  assembled,  shall  also  have  the 
sole  and  exclusive  right  and  power  of  regulating  the  alloy  and 
value  of  coin  struck  by  their  own  authority,  or  by  that  of  the 
respective  States;  fixing  the  standard  of  weights  and  measures 
throughout  the  United  States ;  regulating  the  trade  and  managing 
all  affairs  with  the  Indians,  not  members  of  any  of  the  States ; 
provided  that  the  legislative  right  of  any  State,  within  its  own 
limits,  be  not  infringed  or  violated ;  establishing  and  regulating 
post-offices  from  one  State  to  another,  throughout  all  the  United 
States,  and  exacting  such  postage  on  the  papers  passing  through 
the  same  as  may  be  requisite  to  defray  the  expenses  of  the  said 
office ;  appointing  all  officers  of  the  land  forces  in  the  service  of 
the  United  States,  excepting  regimental  officers ;  appointing  all  the 
officers  of  the  naval  forces,  and  commissioning  all  officers  whatever 
in  the  service  of  the  United  States ;  making  rules  for  the  goverr*- 
ment  and  regulation  of  the  said  land  and  naval  forces,  and  directing 
their  operations. 

The  United  States,  in  Congress  assembled,  shall  have  authority 
to  appoint  a  committee,  to  sit  in  the  recess  of  Congress,  to  be 
denominated  "  A  Committee  of  the  States,"  and  to  consist  of  one 
delegate  from  each  State,  and  to  appoint  such  other  committees 
and  civil  officers  as  may  be  necessary  for  managing  the  general 
affairs  of  the  United  States  under  their  direction ;  to  appoint  one 
of  their  number  to  preside ;  provided  that  no  person  be  allowed  to 
serve  in  the  office  of  president  more  than  one  year  in  any  term  of 
three  years;  to  ascertain  the  necessary  sums  of  money  to  be 
raised  for  the  service  of  the  United  States,  and  to  appropriate  and 
apply  the  same  for  defraying  the  public  expenses;  to  borrow 
money  or  emit  bills  on  the  credit  of  the  United  States,  transmitting 
every  half  year  to  the  respective  States  an  account  of  the  sums  of 
money  so  borrowed  or  emitted ;  to  build  and  equip  a  navy ;  to 
agree  upon  the  number  of  land  forces,  and  to  make  requisitions 
from  each  State  for  its  quota,  in  proportion  to  the  number  of  white 


330  Appendix  B 

inhabitants  in  such  State,  which  requisition  shall  be  binding ;  and 
thereupon  the  Legislature  of  each  State  shall  appoint  the  regi- 
mental officers,  raise  the  men,  and  clothe,  arm,  and  equip  them  in  a 
soldier-like  manner,  at  the  expense  of  the  United  States ;  and  the 
officers  and  men  so  clothed,  armed,  and  equipped  shall  march 
to  the  place  appointed,  and  within  the  time  agreed  on  by  the 
United  States,  in  Congress  assembled ;  but  if  the  United  States,  in 
Congress  assembled,  shall,  on  consideration  of  circumstances,  judge 
proper  that  any  State  should  not  raise  men,  or  should  raise  a 
smaller  number  than  its  quota,  and  that  any  other  State  should 
raise  a  greater  number  of  men  thaa  the  quota  thereof,  such  extra 
number  shall  be  raised,  officered,  clothed,  armed,  and  equipped  in 
the  same  manner  as  the  quota  of  such  State,  unless  the  Legis- 
lature of  such  State  shall  judge  thai  such  extra  number  can  not  be 
safely  spared  out  of  the  same,  in  which  case  they  shall  raise,  officer, 
clothe,  arm,  and  equip  as  many  of  such  extra  number  as  they 
judge  can  be  safely  spared,  and  the  officers  and  men  so  clothed, 
armed,  and  equipped  shall  march  to  the  place  appointed,  and 
within  the  time  agreed  on  by  the  United  States,  in  Congress  as- 
sembled. 

The  United  States,  in  Congress  assembled,  shall  never  engage  in 
a  war,  nor  grant  letters  of  marque  and  reprisal  in  time  of  peace, 
nor  enter  into  any  treaties  or  alliances,  nor  coin  money,  nor  regu- 
late the  value  thereof,  nor  ascertain  the  sums  and  expenses  neces- 
sary for  the  defense  and  welfare  of  the  United  States,  or  any  of 
them,  nor  emit  bills,  nor  borrow  money  on  the  credit  of  the 
United  States,  nor  appropriate  money,  nor  agree  upon  the  number 
of  vessels  of  war  to  be  built  or  purchased,  or  the  number  of  land 
or  sea  forces  to  be  raised,  nor  appoint  a  commander-in-chief  of  the 
army  or  navy,  unless  nine  States  assent  to  the  same,  nor  shall  a 
question  on  any  other  point,  except  for  adjourning  from  day  to  day, 
be  determined,  unless  by  the  votes  of  a  majority  of  the  United 
States,  in  Congress  assembled. 

The  Congress  of  the  United  States  shall  have  power  to  adjourn 
to  any  time  within  the  year,  and  to  any  place  within  the  United 
States,  so  that  no  period  of  adjournment  be  for  a  longer  duration 
than  the  space  of  six  months,  and  shall  publish  the  journal  of  their 
proceedings  monthly,  except  such  parts  thereof  relating  to  treaties, 
alliances,  or  military  operations  as  in  their  judgment  require 
BBcrecy;  and  the  yeas  and  nays  of  the  delegates  of  each  State,  on 


Articles  of  Confederation  331 

any  question,  shall  be  entered  on  the  journal  when  it  is  desired  by 
any  delegate ;  and  the  delegates  of  a  State,  or  any  of  them,  at  his 
or  their  request,  shall  be  furnished  with  a  transcript  of  the  said 
journal  except  such  parts  as  are  above  excepted,  to  lay  before  the 
Legislatures  of  the  several  States. 

Art.  X. — The  Committee  of  the  States,  or  any  nine  of  them, 
shall  be  authorized  to  execute,  in  the  recess  of  Congress,  sucli  of 
the  powers  of  Congress  as  the  United  States,  in  Congress  assembled, 
by  the  consent  of  nine  States,  shall,  from  time  to  time,  think  ex- 
pedient to  vest  them  with ;  provided  that  no  power  be  delegated  to 
the  said  Committee,  for  the  exercise  of  which,  by  the  Articles  of 
Confederation,  the  voice  of  nine  States  in  the  Congress  of  the 
United  States  assembled  is  requisite. 

Art.  XI.  — Canada,  acceding  to  this  Confederation,  and  joining 
in  the  measures  of  the  United  States  shall  be  admitted  into,  and 
entitled  to  all  the  advantages  of  this  Union ;  but  no  other  colony 
shall  be  admitted  into  the  same,  unless  such  admission  be  agreed 
to  by  nine  States. 

Art.  XII.— All  bills  of  credit  emitted,  moneys  borrowed,  and 
debts  contracted  by  or  under  the  authority  of  Congress,  before  the 
assembling  of  the  United  States,  in  pursuance  of  the  present  Con- 
federation, shall  be  deemed  and  considered  as  a  charge  against  tlie 
United  States,  for  payment  and  satisfaction  whereof  the  said 
United  States  and  the  public  faith  are  hereby  solemnly  pledged. 

Art.  XIII.— Every  State  shall  abide  by  the  determinations  of 
the  United  States,  in  Congress  assembled,  on  all  questions  which 
by  this  Confederation  are  submitted  to  them.  And  the  Articles  of 
this  Confederation  sliall  be  inviolably  observed  by  every  State, 
aud  the  Union  shall  be  perpetual ;  nor  shall  any  alteration  at  any 
ti.ii-  hereafter  be  made  in  any  of  them,  unless  such  alteration  be 
agreed  to  in  a  Congress  of  the  United  States,  and  be  afterwards 
confirmed  by  the  Legislatures  of  every  State. 

And  whereas  it  hath  pleased  the  great  Governor  of  the  world  to 
incline  the  hearts  of  the  Legislatures  we  respectively  represent  in 
Congress  to  approve  of,  and  to  authorize  us  to  ratify,  the  said 
Articles  of  Confederation  and  perpetual  Union,  know  ye,  that  we, 
the  undersigned  delegates,  by  virtue  of  the  power  arid  authority  to 
ns  given  for  that  purpose,  do,  by  these  presents,  in  the  name  and  in 
behalf  of  our  respective  constituents,  fully  and  entirely  ratify  and 
confirm  each  and  every  of  the  said  Articles  of  Confederation  and 


332  Appendix  B 

perpetual  Union,  and  all  and  singular  the  matters  and  things  therein 
contained.  And  we  do  further  solemnly  plight  and  engage  the 
faith  of  our  respective  constituents,  that  they  shall  abide  by  the 
determinations  of  the  United  States,  in  Congress  assembled,  on  all 
questions  which  by  the  said  Confederation  are  submitted  to  them ; 
and  that  the  Articles  thereof  shall  be  inviolably  observed  by  the 
States  we  respectively  represent,  and  that  the  Union  shall  be  per- 
petual. In  witness  whereof,  we  have  hereunto  set  our  hands  in 
Congress.  Done  at  Philadelphia,  in  the  State  of  Pennsylvania,  the 
ninth  day  of  July,  in  the  year  of  our  Lord  1778,  and  in  the  third 
year  of  the  Independence  of  America. 


APPENDIX   C 


EEFEKENCE   BOOKS 

The  books  named  in  the  lists  that  follow  hare  been  used  in  the 
preparation  of  this  volume.  Those  marked  (*)  are  especially 
recommended  for  high  schools. 

Original  Sources 

♦American  History  Leaflets.     LovelL 

*Hart,  American  History  Told  by  Contemporaries.     Macmillan. 

Elliot,  Debates,  5  volumes. 

♦The  Federalist.     Scott,  Foresman  &  Co. 

*Madison,    Journal    of    the    Constitutional    Convention.      Scott, 

Foresman  &  Co. 
•Old  South  Leaflets.     Heath. 

Publications  of  the  Government  Printing  Office,  "Washington 

♦Abridgment  of  the  President's  Message  and  Accompanying  Doc- 
uments. 
Bulletins  of  the  Bureau  of  American  Republics. 
*Civil  Service  Commission,  Annual  Reports. 
♦Commissioner  of  Labor,  Annual  and  Special  Reports. 
♦Commissioner  of  Education,  Annual  Reports, 
♦Congressional  Directory. 
♦Congressional  Record. 
Consular  Reports. 
Donaldson,  Public  Domain. 
♦Finance  Reports.     (Secretary  of  the  Treasury.) 
♦Interstate  Commerce  Commission,  Annual  Reports. 
♦Manual  and  Digest  of  the  House  of  Representative*. 
♦Public  Debt  Statement. 
♦Statistical  Abstract. 

333 


334  Appendix  C 

Special  Publications  (not  by  the  Government) 

International  Prison  Conference  Reports. 

Proceedings  of  the  National  Conference  of  Charities  and  Correc- 
tions. 

General  Works 

♦Alton,  Among  the  Law  Makers.     Scribner. 
Andrews,  An  Honest  Dollar.     Hartford  Student  Pub.  Co. 
*Andrews,  History  of  the  Last  Quarter  Century.     Scribner. 
Bagehot,  The  English  Constitution.     Appleton. 
*Bancroft,  History  of  the  United  States.     Appleton. 
*Bliss,  Encyclopedia  of  Social  Reform.     Funk  &  Wagnalls  Co. 
Boone,  Education  in  the  United  States.     Appleton. 
Brooks,  How  the  Republic  is  Governed.     Scribner. 
*Bryce,  American  Commonwealth.     Macmillan. 
Bullock,  Introduction   to  the  Study  of  Economics.     Silver,  Bur- 
dett  &  Co. 

*BuTgess,  The  Middle  Period.     Scribner. 

*Channing,  A  Student's  History  of  the  United  States.    Macmillan. 

Cooley,  Constitutional  Limitations.     Little,  Brown  &  Co. 

*Cooley,  Principles  of  Constitutional  Law.     Little,  Brown  &  Co. 

*Curtis,  The  United  States  and  Foreign  Powers.     Scribner. 

*Clow,  Introduction   to  the   Study  of  Commerce.      Silver,   Bur- 
dett    &  Co. 

Commons,  Proportional  Representation.     Crowell. 

*Conkling,  City  Government  in  the  United  States.     Appleton. 

*Dole,  Talks  About  Law.     Houghton,  Mifflin  &  Co. 

Devlin,  Municipal  Reform  in  the  United  States.     Putnam. 

Earle,  Child  Life  in  Colonial  Days.     Macmillan. 

Earle,  Curious   Punishments   of  By-gone   Days.     H.  E.  Stone  & 
Co. 

Ely,  Problems  of  To-day.     Crowell. 

*Ely,  Outlines  of  Economics.     Macmillan. 

Ely,  Trusts  and  Monopolies.     Macmillan. 

Ely,  Taxation  in  American  States  and  Cities.     Crowell. 

Fisher,  S.  G.,  The  Evolution  of  the  Constitution  of  the  United 
States.     Lippincott. 

*Fisher,  The  Colonial  Era.     Scribner. 

*riske.  Beginnings  of  New  England.     Houghton,  Mifflin  &  Co. 

Fiske,  Old  Virginia  and  Her  Neighbors.     Houghton,  Mifflin  &  Co. 


Reference  Books  335 

*Fiske,  American  Revolution.     Houghton,  Mifflin  &  Co. 

*Fiske,  Critical  Period  of  American  History.  Houghton,  Mifflin 
&Co. 

*Fiske,  Civil  Government  in  the  United  States.  Houghton, 
Mifflin  &  Co. 

Follett,  The  Speaker.     Longmans. 

Frothingbam,  Rise  of  the  Republic.     Little,  Brown  &  Co. 

Godkin,  Problems  of  Democracy.     Scribner. 

Goodnow,  Municipal  Problems.     Macmillan. 

Grinnell,  The  Indians  of  To-day.     Stone. 

*Harrison,  This  Country  of  Ours.     Scribner. 

Hart,  Essays  on  American  Government      Longmans,  Green  &  Co. 

*Hart,  Formation  of  the  Union.     Longmans,  Green  &  Co. 

Hinsdale,  The  Old  Northwest.     Silver,  Burdett  &  Co. 

*Hinsdale,  The  American  Government.    Werner  School  Book  Co. 

Hitchcock,  American  State  Constitutions.     Putnam. 

*Hosmer,  Samuel  Adams.  American  Statesmen  Series.  Hough- 
ton, Mifflin  &  Co. 

Howe,  Taxation  and  Taxes  in  the  United  States  Under  the  In- 
ternal Revenue  System.     Crowell. 

Jenks,  The  Trust  Problem.     McClure,  Phillips  &  Co. 

•Johnston,  American  Politics.     Holt. 

Knox,  United  States  Notes.     Scribner. 

Laughlin,  Elements  of  Political  Economy.     Appleton. 

Lawrence,  The  Principles  of  International  Law.     Heath. 

*Lodge,  Alexander  Hamilton.  American  Statesmen  Series. 
Houghton,  Mifflin  &  Co. 

*Macy,  Our  Government.     Ginn. 

*Magruder,  John  MarshalL  American  Statesmen  Series.  Hough- 
ton, Mifflin  &  Co. 

McConachie,  Congressional  Committees.     Crowell. 

*McMaster,  History  of  the  People  of  the  United  States.  Appleton. 

*McLauglLlin,  History  of  the  American  Nation.     Appleton. 

Municipal  Program,  A.     Macmillan. 

*Newspaper  Almanacs. 

*Noyes,  Thirty  Years  of  American  Finance  (1865-1896).  Put- 
nam. 

Plehn,  Introduction  to  Public  Finance.     Macmillan. 

Remsen,  Primary  Elections.     Putnam. 

Riis,  How  the  Other  Half  Lives.     Scribner. 

Robinson,  Elementary  Law      Little,  Brown  &  Co. 


336  Appendix  C 

*Schouler,  History  of  the  United  States.     Dodd,  Meaxi  &  Co. 

Seligman,  Essays  on  Taxation.     Macmillan. 

Shaw,  Municipal  Government  in  Continental  Europe.  The  Cen- 
tury Co. 

Shaw,  Municipal  Government  in  Great  Britain.     The  Century  Co. 

*Sloane,  The  French  War  and  the  Kevolution.     Scribner. 

Sparling,  Municipal  History  and  Present  Organization  of  the  City 
of  Chicago.      Bulletin  23,  University  of  Wisconsin. 

Stanwood,  History  of  Presidential  Elections.  Houghton,  MifBin 
&Co. 

Stearns,  Columbian  History  of  Education  in  Wisconsin. 

Story,  Commentaries  on  the  Constitution. 

Stevens,  Sources  of  the  Constitution  of  the  United  States.  Mac- 
millan. 

Taussig,  The  Silver  Situation  in  the  United  States.     Putnam. 

*Taussig,  Tariff  History  of  the  United  States.     Putnam. 

Thwaites,  The  Colonies.     Longmans,  Green  &  Co. 

Tolman,  Municipal  Reform  Movements.     Revell. 

Tyler,  Patrick  Henry.  American  Statesmen  Series.  Houghton, 
Mifflin  &  Co. 

Walker,  Political  Economy.     Holt. 

*Walker,  The  Making  of  the  Nation.     Scribner. 

Watson,  History  of  American  Coinage.     Putnam. 

Warner,  American  Charities.     Crowell. 

White,  Money  and  Banking.     Ginn. 

*Wiloox,  The  Study  of  City  Government.     Macmillan. 

*Wilson,  The  State.     Heath. 

*Wil8on,  Congressional  Government.     Houghton,  Mifflin  &  Co. 

*Wilson,  Division  and  Reunion.     Longmans,  Green  &  Co. 

Wines  and  Koren,  The  Liquor  Problem  in  its  Legislative  Aspects. 
Houghton,  Mifflin  &  Co. 

Wright,  Industrial  Evolution  of  the  United  States.  Flood  Ik,  Vin- 
cent. 

*Wright,  Practical  Sociology.     Longmans,  Green  &  Co. 


INDEX 


Administrative        departments, 

city,  28-30 
Administrative  officers,  Stale,  19- 

20 
Agricultural  colleges,  S3 
Agriculture,    department    of,   255- 

256 
Alaska,  275 

Albany  Congress.  98-99 
Alexandria  Conference,  106 
Ambassadors,  246-247,  259 
Amending     the    Constitution     by 

usage,  224 
Amendments  to  the  Constitution, 

chap.  29 
Annapolis  Convention.  106-107 
Annapolis  Naval  Academy,  251 
Appeals,  65 
Appointment.    President's     power 

of.  235-240 
Apportionment  of  Representatives, 

134-135 
Appropriation  of  money,  60 
Appropriations  by  Congress,  170 
Arbitration,  international,  304-307 
Arbitration,  legal.  69;   labor,  94-95 
Army  of  the  United  States,   200- 

201 
Arrest.  62-63 
Articles  of  Confederation,  102-104, 

105,  162 
Assessment,  54 
Attainder,  bill  of.  209 
Auditing  accounts.  60-61 
Australian  ballot  system.  45-46 

Bail.  63 

Ballot.  45-46,  53 

Bank,  see  National  Banks 

Banking.  92 

Bankruptcy  laws.  193 

Bill  of  Rights.  State.  11;   U.  S..  289 

Bills  in  Congress,  chap.  16 

Bimetallism.  183 

Blackmail.  13 

Bland  Act.  183 

Bonded  warehouse.  164 

Bonds,  National,  171-172 


Bonds,  official.  23 
Bullion,  181 

Cabinet,  chap.  25 

Cabinet  system  of  government, 
157-159,  161 

Calendar  Wednesday,  148 

Calendars  in  Congress,  148 

Campaign  funds.  National,  219 

Canvass,  46-47 

Capital,  location  of,  203-204,  207 

Caucus,  and  convention  system, 
47-49 

Caucus,  in  Congress,  154 

Census  of  the  United  States,  127 
136 

Central  bank.  188.  190 

Charitable  institutions,  chap.  8 

Charters  of  cities.  27 

Chicago  riots.  273 

Chinese  exclusion.  175,  180 

Circuit  Courts  of  the  United 
States.  262 

Cities,  European,  39-40,  42 

Cities,  growth  of,  32,  39 

Citizen's  duty,  38,  52 

Citizenship.  191-193.  292-293 

City  government,  chap.  4 

Civic  spirit.  38 

Civil  cases,  62,  65 

Civil  Service  Reform  in  cities,  30- 
31;    National,  238-240,  242,  243 

Coins  and  coinage,  chap.  19 

Colonial  governments,  9-10 

Colonial  relations.  97 

Colonies  made  States,  102 

Commerce  Court,  177 

Commerce,   foreign,    174-175;    In- 

•     terstate,  176-179 

Commerce,  power  of  Congress  over, 
chap.  18 

Commerce  and  Labor,  department 
of,  256-258 

Commissioner  type  of  local  govern- 
ment, 5 

Committee  system  in  State  legis- 
latures, 12;  in  Congress,  chap. 
16 


337 


338 


Index 


Committee  of  the  Whole,  150-151 
Committee,  National,  218-219 
Committee  on  Rules,  154-155,  156 
Committees  of  Correspondence,  105 
Common  carriers,  87-88 
Common  law,  95 
Conciliation,  69 

Confederation,  Articles  of,  see  Ar- 
ticles of  Confederation 
Confederation    between    1690   and 

1754,  98 
Conference  committees,  151-152 
Conference  of  Governors,  92,  285 
Congress,     Continental,     100-101; 
under    the    Constitution,    chap. 
14;     procedure    in,     chap.     16; 
powers  of,  chap.  18;   sessions  of, 
122-124;   special  sessions,  241 
Connecticut  compromise.  111 
Conservation  of  natural  resources, 

88,  92,  284-285 
Constitution   of   U.    S.,    Appendix 
A;    amendments   of,    chap.    29; 
amendment  by  usage,  224;   con- 
struction of,  204-206,  origin  of, 
117;   ratification,  114-116;  sign- 
ers, 114 
Constitutional   convention   (1787), 
chap.  13;   delegates  to,  107-108; 
compromises,     111-113;     Madi- 
son's Journal,  108 
Constitutions  (State),  10,  11 
Consuls,  247,  259 
Contraband  of  war,  302-303 
Contracts,  obligation  of,  211 
Conventions,  National,  216-220 
Conventions,  political,  48-49 
Conventions,  State  constitutional, 

10 
Copyright,  196-198 
Corporation  taxes,  57-58,  166,  173 
Corporations,  13;   bureau  of,  179 
Corrupt  practices  acts,  51-52 
Council,  city,  27 

County  type  of  local  government,  3 
Courts,  see  Judiciary 
Criminal  cases,  62 
Cuba,  276 
Custom  houses,  163 

Debts  of  cities,  32;  of  U.  S.,  170- 

172 
Declaration  of  Independence,  102 
Defectives,  72 

Departments,  executive,  chap.  25 
Dependent  children,  71 
Diplomatic  bureau,  246-247 
Direct  legislation,  14,  17 
Direct  nomination,  49 


District  courts  of  the  U.  S.,  262 
District  of  Columbia,  203-204 
Duties,  customs,  162-164 

Educational  systems,  chap.  9 

Elections,  chap.  5 

Electoral  Commission,  225 

Electors,  Presidential,    214-216, 
222-224 

Emergency  currency,  188 

Eminent  domain,  268 

Equalization  of  taxes,  55 

European  cities,  39-40,  42 

Excise   taxes,    see    Internal    Rev- 
enue 

Executive  departments.  State,  18- 
20;    U.  S.,  chaps.  22,  25 

Expenditures,  National,  170 

Ex  post  facto  laws,  209 

Extradition,  272 

Federalist,  The,  115-116 

Feeble-minded  persons,  73 

Fees,  official,  59 

Felony,  199 

Filibustering,  155 

Finances,    city,    31-32;     National, 

chap.  17;   public,  chap.  6 
Foreign  population  of  cities,  38 
Franchise  taxes,  58 
Franchises,  34 
Franklin,  Benjamin,  114;    plan  of 

Union,  99 
Free  coinage,  182-183 
Free  delivery  of  mail,  195 
Fugitive  criminals,  272 
Fugitive  slaves,  271 

Gerrymander,  12,  135,  136 
Gladstone,  William  E.,  117 
Gold  certificates,  186 
Governors  of  States,  18-19 
Grand  jury,  63 
Guarantee  of  bank  deposits,  92 

Habeas  Corpus,  209 
Hague,  Peace  Conference,  304-307 
Hamilton,  Alexander,  110 
Hawaii,  275 
Health,  public,  85-86 
High  license,  91 
Home  rule  for  cities,  33 
Homestead  law,  283 
House  of  Representatives,  121-123; 
see  also  chap.  15 

I.M.MIGRATION     LAW,     175-176,     !60; 

commissioner  of,  257 


Index 


339 


Impeachment,  138-139 

Implied  powers  of  Congress,  204- 

205,  207 
Inauguration  of  President,  230,  232 
Income  taxes,  State,  59;   National, 

168-169,  173 
Indeterminate  sentence,  74,  77 
Indians,  254 
Indictment,  63 
Industrial  education,  95 
Inheritance  taxes,  58 
Initiative,  14,  37 
Injunctions,  95,  96 
Insane  persons,  72-73 
Insular  cases,  277 
Insurance,  91-92 
Insurgents,  156-157,  161 
Interior,  department  of,  253-254 
Internal  improvements,  178,  207 
Internal  revenue  system,  165-166 
International  arbitration,  304-307 
International  law,  chap.  31 
Interstate  commerce,  176-179 
Interstate  commerce  law,  176-177 
Irrigation,  284,  286 

Judgment  of  the  court,  64 

Judicial  trials,  chap.  7 

Judiciary,  city,  28;  National,  chap. 

26;  State,  20-21 
Jurisdiction  of  U.  S.  courts,  263- 

265 
Jury,  grand,  63,  267-268;  petit,  64 
Jury  system,  67-68,  69,  266 
Justice,  department  of,  252 
Juvenile  courts,  42,  75 

Labor  bctreaus,  95;  department 
of,  256-257;  legislation,  chap.  11 

Land  of  the  U.  S.,  278-285,  286; 
grants  of,  82-83.  84,  283,  284 

Legacy  taxes,  58 

Legal  tender,  definition,  184 

"Legal  tenders,"  184-186 

Legislatures,  11-12,  15;  restric- 
tions upon,  12-13 

Licensed  employments,  89 

Licenses,  59 

Life-saving  service,  249 

Liquor  laws,  89-91 

Lobby,  13 

Local  option,  90 

Lynch  law,  68 

Machine  politics,  51 
Madison's  Journal  of  Constitution- 
al Convention,  108 
Mail  matter,  classes,  194 
Marque,  letters  of,  210-211 


Marshall,  John.  270,  277 

Mayor,  27,  30 

Message,  President's.  241 

Military  powers  of  Congress,   199- 

203;  of  President,  233-241 
MUitia,  19,  202-203,  290 
Ministers,  foreign,  246-247.  259 
Mints.  181 

Money  of  the  U.  S..  chap.  19 
Municipal  art,  39,  41;    functions, 

38-39;      government,    chap.    4; 

ownership,      35,      41;       reform 

movements,  39 

National  banks.  187-188 

National  Conventions.  216-220 

Natural   monopolies.  33 

Naturalization,  191-193 

Navigation  laws,  175 

Navy,  department  of,  251-252;  of 
the  U.  S.,  201-202,  206,  207 

Negro  suffrage,  see  Suffrage 

Neutral  nations,  rights  of,  302-303 

New  England  colonies,  1-2;  con- 
federation, 98 

New  Jersey  Plan,  109-110 

Nobility,  titles  of,  210 

Nomination  systems,  47-50,  53 

Northwest  Territory,  274 

Oath  of  office,  23,  230 
Ordinance  of  1787,  274.  286 
Oregon  plan  of  electing  Senators, 
133-134 

P.UR3,  in  Congress,  150 

Panama  Canal,  178,  276 

Parcels  post,  196,  206 

Pardons,  234 

Parish,  3 

Parliament  of  England,  157-160 

Parole,  74 

Parties,  political,  50-51,  53 

Party  committees,  47 

Party  government,  chap.  5 

Party  politics  in  city  government, 

28-29 
Patents,  198,  206 
Patronage,  official,  236 
Paupers,  70 

Penal  institutions,  chap.  8 
Penn's  Plan  of  Union,  98 
Pensions.  253-254.  260 
Personal  property,  taxation  of,  56- 

57 
Philippines,   government   of,    275- 

276,  286 
Piuckney  resolutions,  110 
Piracy,  199 


340 


Index 


Playgrounds,  42 

Police  powers,  chap.  10 

Poll  tax,  59 

Poor,  70-71 

Popular  election  of  Senators,  133- 
134 

"Pork,"  170 

Porto  Rico,  government  of,  275 

Ports  of  entry,  175 

Post  office,  department  of,  252- 
253;   system,  193-196 

Postal  savings  banks,  194-195 

Preamble  to  the  Constitution,  118 

Preliminary  examination,  64 

Presentment,  63 

President  of  U.  S.,  chaps.  22-25; 
election  of,  chaps.  22,  23;  pow- 
ers and  duties  of,  chap.  24 

Presidential  succession,  229 

Primaries,  47 

Primary  election  system,  49-50,  53 

Prison  labor,  75 

Prisons,  74-75 

Privateers,  200,  302 

Prohibition,  90,  92 

Property  tax,  see  Taxation 

Proportional  representation,  14-15 

Public  lands,  chap.  28 

Public  utilities,  36,  88 

Pure  Food  law,  178,  180 

Quorum  IN  Congrb88,  140, 141, 156 

Railroad  regulation,  87,  92, 
176-180 

Recall,  37 

Reciprocity,  165 

Recognition,  156 

Referendum,  14,  37 

Reform  movements,  39 

Reformatories,  74 

Refunding  of  bonds,  172 

Registration,  44-45 

Relief,  out-door,  70;  in-door,  71 

Repeating,  44 

Representatives,  apportionment  of, 
125-128;  election  of,  124;  quali- 
fications of,  124 

Reprieve,  233 

Resumption  of  specie  payments, 
185 

Revenue  bills  in  Congress,  169 

Rotation  in  office,  237 

Rules  of  the  House  of  Representa- 
tives, 141 

Rural  delivery  of  mail,  195-196 

Salaries  op  Congressmen,  143 
Samoan  Islands,  276 


Sanitation,  85 

School  revenues,  81-82 

School  systems,  chap.  9 

Schools,  city,  79;  district,  78; 
township,  78;  colonial,  84;  su- 
pervision, 79  ff. 

Selectmen,  2 

Senate  of  U.  S.,  see  chaps.  14,  15 

Senatorial  courtesy,  236 

Senators,  qualifications  of,  131; 
election  of,  129-134 

Sherman  Act,  183 

Ship  subsidies,  175,  180 

Short  ballot,  22 

Silver  certificates,  186 

Slave  trade,  208 

Smuggling,  164 

Speaker  of  the  House  of  Repre- 
sentatives, 128-129,  155-157, 
161 

SpoUs  system,  237-238 

Stamp  Act  Congress,  99-100 

Standard  Oil  Company,  179 

State,  department  of,  246-247 

State  sovereignty,  299 

States,  government,  chaps.  2,  3; 
relations  to  U.  S.,  chaps.  27,  30 

Stock  watering,  34-35 

Strikes,  94 

Subpcena,  64 

Subsidiary  silver,  184 

Suffrage,  43-44;    negro,  9,  122 

Summons,  65 

Superintendent  of  schools,  79 

Supervisor  system  of  local  govern- 
ment, 5 

Supreme  Court  of  U.  S.,  261,  265 

Survey,  U.  S.  Government,  280- 
283 

Tariff,  164-165,  172,  173 

Taxation,  chap.  6;  of  corporations, 
57-58,  166,  173;  franchise  taxes, 
68;  inheritance  taxes,  58;  in- 
come taxes,  59;  local  and  State, 
54-59;  National,  162-169;  poll 
tax,  59 

Taxes,  direct  and  indirect,  167-168 

Territorial  cases,  277 

Territorial  delegates,  128 

Territories,  chap.  28 

Territory,  admission  of,  278-279; 

Town  type  of  local  government,  2; 
township-county  type,  4 

Trade  unions,  94 

Tramp  problem,  71,  76 

Treason,  268-269 

Treasury,  department  of,  247- 
249 


Index 


341 


Treasury  notes,  187 

Treaties,  234-235 

Trials,  judicial,  chap.  7;    in  U.  S. 

courts,  266-268 
Trusts,  178-179,  180 

Undervaluation,  56 
Unemployed  persons,  71 
Uniformity  of  State  laws,  15 
Union,    steps    leading    to,    chap. 

12 
United  States  notes,  184-186 

Vacancies,  in  House  of  Represen- 
tatives, 128;    in  Senate,  130,  131 
Valuation  of  property,  54-56 
Venire,  64 
Verdict,  64 
Vestry,  3 
Veto,  152-153 


Vice-President  of  U.  S.,   131-132, 

225,  228,  229 
Villages,  6 

Virginia  local  government,  3 
Virginia  Plan,  110-111 
Voting,  methods  in  Congress,  150 

War,  declaration  of,  200;  depart- 
ment of,  249-251 

Waterways,  178,  180 

Weather  bureau,  256 

Weights  and  measures,  standard  of, 
188,  189 

West  Point  Military  Academy, 
250-251 

Whiskey  Rebellion,  166 

Woman  suffrage,  44,  53 

Writ  of  error,  65 

Yeas  and  Nays,  142 


UNIVERSITY  OF  CALIFORNIA,  LOS  ANGELES 

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